MUHAMMAD IKRAM vs State S — 2022 YLR 1762 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1762 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD IKRAM vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Judgment text as reported

MUHAMMAD IKRAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Benefit of doubt---Dishonest improvements--- Scope---Accused was charged for committing murder of the son of complainant by firing---Record showed that after more than four months, complainant took a somersault and filed private complaint in the court by introducing dishonest improvement in the same with respect to seeing the occurrence himself and by his son---In the application, two persons were cited as companions/witnesses but in the complaint they were neither cited as witness nor produced during trial---Statement of the complainant clearly revealed that neither complainant nor other cited witness witnessed the occurrence---Accused were not known to them, therefore, foot trackers were called by the police for tracing out the clue of unknown accused---Eye-witness had not seen the occurrence and he had deposed falsely through dishonest improvements regarding material aspect i.e. seeing the occurrence, therefore neither he was trustful witness nor his testimony could be relied---Ocular account was neither confidence inspiring nor trustworthy/ reliable, therefore, same was discarded---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court, in circumstances.

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