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MUNIR vs State Ss — 2022 YLRN 90 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 90 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUNIR 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

MUNIR VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence--- Withholding material evidence---Scope---Accused was charged that he along with co-accused persons committed murder of the husband of complainant by firing---Record showed that in the FIR it was mentioned that the complainant along with her family members were sleeping on the roof top along with a guest, but neither any family member was interrogated nor said guest was examined during the investigation---No reason appeared for the accused to leave the witnesses alive to depose against them---Neighbour of the complainant was also not examined under S.161, Cr.P.C.---Said witness was an independent witness but his evidence was withheld by the prosecution, thus, necessary inference under Art. 129(g) of Qanun-e-Shahadat, 1984 could be raised that had he been produced during trial, he would not have supported the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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