TAHIR MISTRI vs State Ss — 2022 YLRN 25 LAHORE-HIGH-COURT-LAHORE

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TAHIR MISTRI VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention--- Appreciation of evidence---Benefit of doubt--- Testimony of approver--- Scope--- Accused was charged that he along with wife of deceased committed the murder of deceased---Co-accused/wife of deceased became approver---Testimony of approver in order to be accepted as worthy of credence must pass the double test namely he was a reliable witness and that his/her testimony received sufficient corroboration on material particulars which was missing in the case---Statement of approver was also belied by the medical evidence as according to her statement cause of death of the deceased was strangulation i.e. pressing of his neck by the accused but Medical Officer did not observe any identifiable injury at his neck and also did not give his opinion regarding cause of death---Statement of approver was not impressive who had made divergent statements after her arrest, in her bail application, before the Investigating Officer, at the time of framing of charge pleading not guilty shattering her credibility---Approver had not made a truthful statement which was not reliable---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

TAHIR MISTRI vs State Ss — 2022 YLRN 25 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported