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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---With-holding material evidence---Natural and important witnesses not produced---Accused was charged for committing murder of the sister of complainant and her daughter---As per prosecution theory on 30-03-2016 accused took his wife/sister of complainant, three daughters aged 6 years, 4 years and 3 years with him on a donkey cart for fetching grass---Two daughters of accused came back with donkey cart without accused, their deceased mother and one sister---Neither daughters of the accused were investigated nor were they produced before the trial Court, which would have its own adverse legal consequences---Both the said girls were most natural and important witnesses in the case but their evidence was withheld by the prosecution, which by all means led to an adverse inference under Art. 129(g) Qanoon-e-Shahadat, 1984, that had they been produced they would have not 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 accordingly allowed.

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