ALLAH DITTA vs State Ss — 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: ALLAH DITTA vs State Ss
Subject matter: Criminal

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

ALLAH DITTA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Extra-judicial confession---Accused was charged for committing murder of the sister of complainant and her daughter---Record showed that the accused made extra judicial confession before two witnesses---Both the said witnesses failed to describe the actual date, when the accused approached them---Moreover, it was not borne out from the record that both the witnesses were influential persons or elders of the complainant party, hence, in absence of any such characteristics, the approaching of the accused to said witnesses seeking forgiveness from the complainant party was not appealable to man of prudent mind---Had the accused actually approached the witnesses, then why they did not produce him before complainant or at least before real brother of the complainant, whose house was adjacent to residence of one of the alleged witnesses---Both the said witnesses candidly admitted during cross-examination that they did not make any effort to apprehend the accused at that time---Moreover, Investigating Officer during cross-examination deposed that prior to 20.04.2016 both the said witnesses did not join the investigation, which led to an inference that such evidence was fabricated at a belated stage and could not be relied upon to sustain 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 accordingly allowed.

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