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MUHAMMAD TANVEER vs State Ss — 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD TANVEER vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161---D; 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

MUHAMMAD TANVEER VS State Ss. 302, 201, 109 & 34---Qatl-i-amd, causing disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Recovery of handkerchief---Reliance---Scope---Accused were charged for committing murder of the deceased whose dead body was brought out from the canal---Handkerchief was recovered but it had no evidentiary value for the reason that it was not sent for DNA so as to prove that the same was used to press the neck of deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TANVEER VS State Extra judicial confession---Scope---Extra-judicial confession was a weakest type of evidence, unless there was a strong corroboration to it. Citation Name: 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TANVEER VS State Ss. 302, 201, 109 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, causing disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Disclosure before police---Scope---Accused were charged for committing murder of the deceased whose dead body was brought out from the canal---Prosecution's case was that accused during investigation made disclosure and led the police party to the place from which dead body was recovered---Crime scene was not a secret before the accused led the police party there---Under Art. 40 of the Qanun-e-Shahadat, 1984, only such disclosure during custody made by accused was relevant which amounting to distinct fact that means a fact that was not in the knowledge earlier to the day when it was disclosed by the culprit---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TANVEER VS State Ss. 302, 201, 109 & 34---Qatl-i-amd, causing disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Unnatural conduct of witnesses---Scope---Accused were charged for committing murder of the deceased whose dead body was brought out from the canal---Record showed that three persons including father of deceased in the day time were sitting in their house---Said three persons appeared to be young---Accused along with another person came to the house of father of deceased and disclosed a fact that was breaking news for them as at that point of time they came to know that accused was the culprit---Despite that fact they were not able to apprehend the accused who was empty handed and they allowed him and his companion to go free---Said conduct of father of deceased and his nephew had been found highly unnatural and a strong barrier for them to be crossed, therefore, on that ground alone they could not be believed---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TANVEER VS State S. 161---Delay in recording the statements of witnesses before the police---Effect---Important witness if appeared before the police with delay without any explanation, his credibility was liable to be thrown out from consideration. Citation Name: 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TANVEER VS State Ss. 302, 201, 109 & 34---Qatl-i-amd, causing disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Delay in recording the statement of witnesses before the police---Scope---Accused were charged for committing murder of the deceased whose dead body was brought out from the canal---Prosecution witness stated that he had seen the accused and deceased together near park---Other witness maintained that he had seen the accused and deceased together near grid station---Another witness maintained that when he was present at the bridge of canal, he had seen the deceased and accused together---Statements of said witnesses were of no worth at all for an important reason of their delayed appearance before the Investigating Officer---Although it was not in their statements before the court but on perusal of their statements, recorded under S. 161, Cr.P.C., it had been established that two witnesses first time opened their mouth after about 27 days---Similarly, other witness came before the police first time after three days and got his statement recorded---Witness, who was the real maternal uncle of the deceased, got the knowledge of murder on the same day when father of deceased came to know about the same---Said witness was supposed to disclose that fact to father of deceased but he did not do so---Had he told that fact to father of deceased, he was supposed to tell it to the Investigating Officer---Similarly another had received the information of that occurrence who also went to hospital to receive the dead body but as admitted by him he did not bother to disclose to father of deceased that he had seen the accused and deceased together---Said delay was fatal to the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 74 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TANVEER VS State Ss. 302, 201, 109 & 34---Qatl-i-amd, causing disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Conflict in the statements of witnesses---Scope---Accused were charged for committing murder of the deceased whose dead body was brought out from the canal---Record showed that the father of deceased and his nephew were in conflict on material facts of the case---Father of deceased in cross-examination maintained that they tried to catch hold of the accused but he was succeeded to escape---Nephew of father of deceased responded that they did not try to catch hold of the accused---Again father of deceased in cross-examination replied that he immediately told that fact to all his neighbours whereas other witness responded that they did not tell that fact to any area 'Nazim', 'Lumberdar or people of the locality---Father of the deceased admitted that prior to the occurrence there had been a quarrel between him and the accused on the dispute of electricity bill---If it was so, there was no reason whatsoever for accused to come to father of deceased for pardon and to make confession about the guilt---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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