MUHAMMAD JAVED vs State Ss — 2022 YLR 1193 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD JAVED VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of eye-witnesses at the spot at the relevant time was not natural---Chance witnesses---Scope---Prosecution case was that the accused in furtherance of their common intention committed the murder of the brother of complainant---Ocular account of the prosecution was produced through two witnesses---Both the said witnesses were sons of deceased---Prosecution case was that the occurrence took place near fisheries farm---Both the witnesses were admittedly residents of other Tehsil, which was situated at a distance of 09 kilometers away from the Police Station and 01 kilometer away from the place of occurrence as stated by witness---Presence of the said eye-witnesses at the spot at the relevant time was not natural, thus, it was mandatory for the said eye witnesses to justify their presence at the place of occurrence at the relevant time through some cogent reason---In order to justify their presence at the spot at the relevant time, both the eye witnesses stated that on the day of occurrence, they were hunting near fisheries farm in the area of the Tehsil along with their deceased father and paternal uncle---Other eye-witness, clarified in his examination-in-chief that they were fishing near fisheries farm and on the same day at 1:45 p.m., the occurrence took place---Eye-witnesses could not justify the reason given by them for their presence at the place of occurrence at the relevant time---Thus, said witnesses were chance witnesses and as such their evidence was not free from doubt---Record showed that the said eye-witnesses were not witnesses of inquest report and post-mortem pertaining to deceased---Had said witnesses been present at the scene of the occurrence at the relevant time, they must have been the witnesses of inquest report---Similarly, said witnesses should have escorted the dead body to the hospital being the close relatives and their names should have been incorporated in the post mortem report in the column identification of the dead body---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD JAVED vs State Ss — 2022 YLR 1193 LAHORE-HIGH-COURT-LAHORE

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