MUHAMMAD ASIF vs State S — 2023 YLRN 32 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASIF VS State S. 302(c)---Qatl-i-amd---Un-witnessed occurrence---Non-availability of dead body---Recovery of weapon---Interested witness---Un-natural conduct--- Scope--- Complainant submitted an application to the SHO stating therein that about eight months earlier accused came to his house; asked complainant's son to go to another city for search of work; both left the house on cycle; after about five months accused returned to village and told the complainant that his son was all right; that the complainant was informed by a prosecution witness that he and another had overheard the accused that they were talking by naming the complainant's son and saying that they had committed his qatl-i-amd---Held; case was one of no evidence and the evidence produced was too weak that could not be relied upon in a case of minor offence---Complainant's son whether dead or alive was a mystery as the case in hand was the one where there was no dead-body---Complaint and the FIR were based on suspicion---Suspicion, however strong may be, cannot take the place of legal proof---Prosecution witness who had overheard the accused was close relative of the complainant---Evidence of extra-judicial confession had lost its worth for the reason that the person before whom it was made had opened his mouth after two months of the occurrence---Recovery of dagger at the instance of accused was of no consequence because it was a case where no dead body existed at all---Trial Court had committed a serious illegality and had remained unable to differentiate provisions of Ss. 302(b) & 302(c), P.P.C.---Appeal was allowed and the accused was acquitted of the charge, in circumstances.

MUHAMMAD ASIF vs State S — 2023 YLRN 32 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported