Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI vs State

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Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Recovery of carbine from the accused---Reliance---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery---In the present case, carbine was recovered from the possession of accused---Record showed that it had not been alleged in fard bayan that any assailant was carrying carbine---No empty was secured from the place of occurrence, therefore, said recovery, which even otherwise was got effected, after much delay, from an open and public place accessible to everyone and not from the exclusive possession/ ownership of the accused, was of no avail to the case of prosecution---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34--- Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Presence of complainant and witness at the place of occurrence was doubtful---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery---Occurrence in the present case took place at about 8:30 p.m.---Matter was reported to the police through fard bayan got recorded at 10:15 pm by complainant at the spot, which was sent to the police station, whereas FIR was recorded at 11:20 pm---However, post-mortem examination over the dead body of the deceased was conducted with delay at 7:30 am next day and no reason for that delay had been explained by the prosecution---Police papers were prepared with delay, which ultimately caused delay in conducting post-mortem examination---Such situation further signalled that none of the cited eye-witnesses including the complainant was available at the place of occurrence and that time had been consumed by the prosecution for consultation, deliberation, inducing, procuring witnesses and then after tailoring false story, getting the case registered in its present forum--- Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Non-availability of justification for the presence of witnesses at the spot---Chance witness---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery---Complainant and other cited eye-witnesses could not offer any valid reason of unimpeachable character regarding their presence at the place of occurrence---Said witnesses had claimed that they had gone to see their ailing relative but he was neither produced during the investigation nor during the trial to verify/corroborate their version in that regard---Eyes of the deceased had been mentioned as open in the column No. 8 of the inquest report---If complainant being real brother of the deceased was available at relevant time and place of occurrence, then he must had closed eyes of his deceased brother---In such state of affairs, ocular account had not been found as confidence inspiring and truthful, therefore, same was not reliable---Circumstances established that the prosecution had been failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Identification of accused was doubtful---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery---In the present case, no source of light had been mentioned in fard bayan by the complainant except light of motorbike---Accused was not nominated in the said fard bayan, meaning thereby that he was not known to the complainant and other cited eye-witnesses till that time---High Court observed that in the stated axiomatic, panic and turmoil situation at the time of occurrence, momentary glimpse of the assailants in the light of motorbike, by any stretch of imagination could not be termed as sufficient for capturing images of the identifiable features of the assailants, to be made basis for their identification at any subsequent stage--- Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Wajtakkar evidence---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery---In the present case, the evidence of wajtakkar was produced by the prosecution through one witness---Such evidence had been found as mere concoction because in his statement recorded by court, witness stated that he had seen the accused including present accused 4½ months ago, whereas occurrence took place in the year 2005---Such piece of evidence had not been put to the accused under S. 342, Cr.P.C., therefore, same could not be used against the accused---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Joint extra-judicial confession---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery-Record showed that extra-judicial confession was made by the accused before two witnesses---Stated by a witness himself that it was joint extra-judicial confession--- Joint extra-judicial confession was inadmissible evidence---Such evidence had not been put to the accused while examining him under S. 342 Cr.P.C, therefore, same could not be used against him otherwise it would hit by maxim audi alteram partem---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI VS State Ss. 302(b), 394 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Test identification test---Scope---Accused were charged for committing murder of the brother of the complainant by firing during robbery---Most essential features for identification of human being were his facial features but in fard bayan and in the statements of witnesses, no facial features of any accused including the present accused were mentioned---Identification of the accused without facial features was near to impossible, thus, identification of the accused in identification parade was a futile exercise and of no help to the case of prosecution---Accused was nominated by the complainant through supplementary statement and challan report against him was submitted in the court---When accused was already nominated by complainant then there was no occasion for his identification parade after four years---Prosecution could not prove identification of the accused as one of the assailant, who committed the occurrence---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

Citation Name: 2023 YLR 926 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SHABAN alias SHABANI vs State Ss — 2023 YLR 926 LAHORE-HIGH-COURT-LAHORE

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