ALI RAZA vs State Ss — 2022 PCrLJN 21 LAHORE-HIGH-COURT-LAHORE

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ALI RAZA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Contradictions and improvements in the statements of eye-witnesses---Scope---Accused was charged for committing murder of the son of complainant by firing---Primarily, it was the case of the prosecution that complainant along with his sons were present at his shop, when his son/deceased reached near the house of co-accused, since acquitted, on the donkey cart, he was taken to the task by the accused and his said co-accused due to the grudge of suspicion of his illicit relations with his wife, however, during their statements before the Trial Court, both the said prosecution witnesses deviated from their original version by exonerating co-accused---Said witnesses further improved their version and introduced new facts which were not incorporated in complaint as well as in statement under S. 161, Cr.P.C., which made their testimony untrustworthy and unreliable---High Court observed that court was not blindfold in determining that the prosecution witnesses had made the noted improvements only to exonerate co-accused and to strengthen their case against accused, however, when a witness improved his version to strengthen the prosecution case, his improved statement could not be relied upon and once such improvements were found deliberate and dishonest, same would cast serious doubt on the veracity of the witness---Circumstances established that the prosecution case was not free from doubt, benefit of which would resolve in favour of accused---Appeal against conviction was allowed, in circumstances.

ALI RAZA vs State Ss — 2022 PCrLJN 21 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported