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SAFDAR IQBAL vs State Ss — 2022 YLRN 134 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 134 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
SAFDAR IQBAL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

SAFDAR IQBAL VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt--- Extra-judicial confession--- Scope---Accused were charged for committing murder of the brother of complainant---Allegedly, accused persons made extra-judicial confession before a witness---Conduct of said witness remained unnatural---Said witness admitted that the deceased and complainant were his close relatives---If it was so then how was it possible for said witness to spare both the accused persons who made confession and why he made no effort to apprehend any of them---Although said witness maintained that he tried to apprehend the accused and call the police but the accused persons escaped---Said version of the witness was completely negated when it was found that he made his statement to the Investigating Officer first time after two days of the alleged confession---As evident from the examination-in-chief of said witness, he and another person informed the legal heirs of deceased but the statement of witnesses showed that they never claimed so---Said witness did not appear to be a truthful and reliable witness for the reason that on one hand he maintained that he was close relative of deceased and witnesses and at the same time he responded that he was not having the knowledge about the murder of deceased as he was not told in that context---Said witness further stated that he did not participate in the funeral of deceased---Said witness maintained that after furnishing information to witness to last seen he got his statement recorded to the police on the day of confession---Investigating Officer in cross-examination without any ambiguity maintained that when three witnesses joined the investigation of the case they got their statements recorded under S.161, Cr.P.C---Evidence of extra-judicial confession relied by prosecution was under heavy clouds of doubts so could not be relied upon---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubts against the accused persons---Appeal against conviction was allowed, in circumstances.

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