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MUHAMMAD ASLAM vs State S — 2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD ASLAM vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

MUHAMMAD ASLAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the time of occurrence was doubtful--- Chance witnesses---Scope---Accused was charged for committing murder of his wife/sister of complainant---Ocular account in the case had been furnished before the Trial Court by complainant and another witness, who were closely related to the deceased being brother and brother-in-law (behnoi) respectively---Presence of both the said witnesses on the spot at the relevant time was doubtful in nature because had they been present on the spot at the relevant time they would have tried to rescue the deceased or to catch hold of the accused who, admittedly, was not armed with any firearm to ward the said eye-witnesses off or to keep them away at the time of incident---Both the witnesses of ocular account were chance witnesses because they were neither residents of the place of occurrence nor had any place of business over there---Incident took place at District "M" whereas the eye-witnesses were residents of District "S"---Complainant while appearing before Trial Court had stated in his examination-in-chief that one day prior to the occurrence deceased requested him to come to her house and took her with him as the accused was physically torturing her; if it was so, then why complainant did not visit the house of the deceased on the same day for taking her to his house---Eye-witnesses, before the Trial Court, had utterly failed to establish their presence on the place of occurrence at relevant time---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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