MUHAMMAD ARIF vs State Ss — 2022 PCrLJN 106 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ARIF VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Eye-witnesses were disbelieved against co-accused---Scope---Accused was charged that he along with co-accused committed murder of the brother of the complainant---Record showed that co-accused of the present accused, who as per FIR gave a brick blow on the shoulder of the deceased, had been acquitted by the Trial Court and as such the prosecution story to the extent of co-accused had not been proved---Question which required consideration by the High Court was as to whether the evidence which had been disbelieved to the extent of co-accused of the present accused who had been acquitted by the Trial Court could be believed to the extent of present accused---Evidence of two eye-witnesses was shaky in nature and could not be relied upon for maintaining the conviction/sentence of the accused---Circumstances established that the prosecution remained failed to discharge its responsibility of proving the case against the accused---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ARIF vs State Ss — 2022 PCrLJN 106 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported