MUHAMMAD NAZIM vs State Ss — 2022 PCrLJN 82 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAZIM VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged for committing murder of son of the complainant by firing---Witness of ocular account had not stated any special reason about witnessing the occurrence in the manner as set through the prosecution case---Said witness was admittedly the son of complainant, that witness had made certain improvements which coloured his statement as tutored one---Said witness deposed that only 10/15 persons were in the function whereas other witness stated about 100/125 guests at the place of occurrence---Said witness expressed his ignorance while stating that he did not know who wrote the application for registration of case out of three brothers or his brother-in-law who was an advocate---Said witness further deposed that he did not know whether the application was scribed in the home or in the hospital or in police station---Witness went on to say that he did not remember the time when Mehndi function was started and when finished, he did not know the length and width of tent and also not aware of width of stage---Said witness admitted that on the stage one piece of Sofa set containing three seats were present, red colour carpet was also spread on the stage---Over all that witness had not stated any specific facts which could help the prosecution to build a case against the present accused---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD NAZIM vs State Ss — 2022 PCrLJN 82 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported