SAKHAWAT ALI vs State Ss — 2022 YLRN 192 LAHORE-HIGH-COURT-LAHORE

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SAKHAWAT ALI VS State Ss. 302(b) & 34---Qatl-i-amd and common intention--- Appreciation of evidence--- Falsus in uno falsus in omnibus---Applicability---Benefit of doubt---Un-natural conduct---Private recovery--- Rule of consistency---Scope---Complainant alleged that his son went missing and ultimately he found the dead body of his son in the courtyard of the house of accused persons---Held; deceased had gone missing but the complainant had not tried to make efforts for his search despite the fact that a witness had told the complainant that he had seen the deceased entering into the house of accused persons---Private recovery of dead body was of no help for the prosecution---When the dead body was not recovered in the presence of an independent witness it could not be said with certainty that it was recovered from that very house---Nothing was produced on record to show that the accused persons were residing in the said house---Medical officer had observed the duration between death and postmortem as one to three weeks---Putrefaction starts after four to five days and it produces foul smell, gasses, had the dead body been buried there, since the date of alleged abduction, smell whereof could have been attracted earlier the people of locality---Three accused persons were acquitted on the same set of evidence, therefore, the accused could not be convicted under the principle of falsus in uno falsus in omnibus---Appeal was allowed and the accused persons were acquitted of the charge, in circumstances.

SAKHAWAT ALI vs State Ss — 2022 YLRN 192 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported