MUHAMMAD AHMAD alias BAGGI vs State Ss — 2022 YLRN 19 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.

MUHAMMAD AHMAD alias BAGGI VS State Ss. 302(b), 109, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Withholding material evidence--- Effect--- Accused were charged for committing murder of the brother-in-law of the complainant---Place of occurrence was situated in a thickly populated area and was surrounded by shops and houses---According to the rough site plan of the place of occurrence as prepared by the Investigating Officer of the case, near and around the place of occurrence, there were shops and houses---None of those who had their houses or their shops around the place of occurrence joined the investigation of the case and also did not appear before the Trial Court to support the prosecution case---Prosecution was under a bounden duty to produce the witnesses who were the residents of the place of occurrence---Article 129 of the Qanun-e-Shahadat, 1984, provided that if any evidence available with the parties was not produced then it would be presumed that had that evidence been produced the same would have been gone against the party producing the same---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD AHMAD alias BAGGI vs State Ss — 2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported