MUHAMMAD NAWAZ alias NAZI vs State Ss — 2023 PCrLJN 87 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(c), 452 & 34---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---Appreciation of evidence---Benefit of doubt---Statements of the witnesses---Conflictions---Scope---Accused were charged for committing murder of the son of complainant---Record showed that occurrence had taken place on 31.03.2017---On the same day report was made by complainant to the police---Said report was recorded in 'Roznamcha' vide No.1 on 01.04.2017 at about 02:00 a.m. (midnight) and its copy was brought on record by the accused---Complainant admitted that immediately after the occurrence he had gone to police station where he made his statement---Although complainant was of the view that he gave a complete story but the report of Roznamcha told otherwise---Roznamcha showed that accused having an iron fist (fit) had injured the deceased---However, there was no mention whatsoever the name of any other accused, the manners of occurrence and the fact that complainant and his son were the eye-witnesses of the crime---In that application the version complainant gave was different from the story recorded in 'Roznamcha'---Complainant maintained that when his father and deceased arrived near their house, accused along with three unknown persons were sitting there who made attack---Accused gave a blow with iron rod which hit on the left arm of deceased resulting into fracture---Accused then gave a second blow on the left side of head of deceased who being injured fell down and then unknown assailants gave him injuries with kicks blows---Brother of deceased never claimed to be an eye-witness---Said witness also did not name co-accused as one of the culprits---Even in that application except two specific injuries assigned to accused no injury was shown specifically to have been caused by hatchet or any other weapon by unknown persons on left and back side of head of deceased---Brother of deceased in cross-examination categorically admitted moving of said application---Third version then emerged pursuant to FIR where first time after nine days of the occurrence, co-accused was also nominated---Accused instead of iron fist (seis) was shown in possession of an iron rod and co-accused with a hatchet---Similarly two unknown persons first time were shown having the riffles---Three independent versions which were in conflict with each other had made the prosecution's story doubtful---Making statement to police on 31.03.2017, why complainant or his son did not proceed further that their FIR was not recorded by the police---Co-accused was not an alien or stranger for alleged eye-witnesses as accused was his brother-in-law---None of eye-witnesses could claim that co-accused was not identifiable and they came to know about him at a subsequent stage---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. [Paras. 16, 17 & 18 of the judgment] Citation Name: 2023 PCrLJN 87 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Defence evidence---Scope---If prosecution's evidence was not believed then there was no need for the Trial Court even to revert to the defence story but to acquit the accused. [Para. 21 of the judgment] Citation Name: 2023 PCrLJN 87 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(c), 452 & 34---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---Maxim: "falsus in uno falsus in omnibus"---Applicability---If a witness has been disbelieved on one fact, he will be considered false in all respects. [Para. 13 of the judgment] Citation Name: 2023 PCrLJN 87 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(c), 452 & 34---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---Appreciation of evidence---Benefit of doubt---Evidence forming basis of acquittal of co-accused used to convict accused without any independent corroboration---Scope---Accused were charged for committing murder of the son of complainant---Motive was that accused used to play music with high volume and he was forbidden by the deceased---Record showed that co-accused who was also assigned two successive blows with hatchet on right and back side of head of deceased had been acquitted---Although said co-accused was found innocent during investigation but fact remained that witnesses had alleged his involvement with specific role---Acquittal of co-accused from the case was unchallenged---When similarly placed accused had been acquitted by disbelieving the witnesses, then how prosecution could defend the conviction of accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. [Para. 13 of the judgment]

MUHAMMAD NAWAZ alias NAZI vs State Ss — 2023 PCrLJN 87 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported