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MUHAMMAD IJAZ vs State S — 2022 YLRN 66 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 66 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD IJAZ 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 IJAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---No justification for the presence of eye-witnesses at the place of occurrence--- Chance witnesses--- Scope---Accused was charged for committing murder of his wife/daughter of complainant---Ocular account of the prosecution was furnished by complainant and a witness---Both the said eye-witnesses were real mother and real brother of deceased---Occurrence in the case took place in the house of the accused---Both the eye-witnesses were not residents of the village where the occurrence took place---Complainant stated during her cross-examination that her village was situated at a distance of 10-kilometers from the place of occurrence, whereas, village of brother of deceased/eye-witness was situated at a distance of 50-kilometers from the place of occurrence---Said witnesses had not given any valid reason for their presence in the house of occurrence at odd hours of the morning i.e. 05:00/06:00 a.m.---Prosecution eye-witnesses were chance witnesses and they could not prove any valid reason of their presence at the spot at the time of occurrence---Presence of the said eye-witnesses in the house of occurrence at the relevant time became doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances.

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