ALLAH RAKHA vs State Ss — 2022 PCrLJN 88 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALLAH RAKHA VS State Ss. 302(b), 201, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused was charged that he along with co-accused committed murder of the brother of complainant---Motive behind the occurrence was illicit relations of deceased with the close relative of accused---Complainant claimed that all accused except one came to the house of deceased and in clear words threatened to kill him because of his illicit relations with some of their relatives---At that occasion two witnesses were also sitting there---Said story on the face of it appeared to be unnatural and doubtful that in presence of two witnesses, the accused having no fear at all came and extended the threats to take the life of deceased---If that narrative was believed, the question was still there that why not the matter was reported to police then and there---Question arose as to why complainant was not taken into confidence as according to complainant, he was told in that regard by witnesses in the following morning, when deceased was found missing---All the witnesses were silent in that regard therefore the foundation of the case was defective---Circumstances established that prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

ALLAH RAKHA vs State Ss — 2022 PCrLJN 88 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported