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MUHAMMAD vs State S — 2022 YLR 967 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 967 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD 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 VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.19---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Res gestae---Scope---Accused was charged for committing murder of the nephew of complainant---Record showed that the prosecution had produced impartial and uninterested witness who, though, was not an eye-witness, yet his statement was relevant under Art. 19 of the Qanun-e-Shahadat, 1984, on the principle of 'res gestae', as soon after the incident they were attracted on the hue and cries of the inmates of the house and on their arrival, they were informed that unidentified persons had committed murder of deceased with a request to procure attendance of complainant---Inmates of the house did not express any apprehension or fear or extension of threat by the assailants asking them not to disclose their names and identification---Said witness was not declared hostile---Statement of said witness alone was sufficient to dismantle the entire edifice of the prosecution case introduced by eye-witnesses---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 YLR

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