MUSHTAQ AHMAD vs State Ss — 2022 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE

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MUSHTAQ AHMAD VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of about ten hours in lodging the FIR---Scope---Accused were charged for committing murder of son of complainant---Motive behind the occurrence was that a quarrel had taken place between deceased and accused party for tethering cattle beneath the trees---Incident of a quarrel took place 2/3 days prior to the occurrence between wife of accused and deceased on the issue of fastening cattle under the trees and due to that grudge, the accused persons committed his murder---Occurrence as per prosecution was reported to the police on the following day---Distance between police station and the place of occurrence was nine kilometres---Delay of about ten hours in reporting the crime to the police without any plausible explanation---Witnesses of ocular account did not utter even a single word about the said delay---Said inordinate delay in setting the machinery of law in motion spoke volumes against the veracity of prosecution version---Circumstances established that the prosecution failed to discharge its responsibility of proving the case against the accused---Appeal against conviction was allowed, in circumstances.

MUSHTAQ AHMAD vs State Ss — 2022 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported