Muhammad Nadeem vs State Ss — 2024 YLR 2521 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2521 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Muhammad Nadeem 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

Muhammad Nadeem VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Last seen evidence---Interested witnesses, evidence of---Accused was charged that he along with his co-accused committed murder of his wife---Prosecution produced two witnesses relating to throwing of a baby into canal by the accused persons---Said witnesses stated that on 27-05-2013, at about 09:30 p.m. when they reached at metalled road passing parallel to Canal Bridge on its eastern side, they saw the accused persons in the light of motorcar, who were previously known to them; co-accused was holding a baby and in their view he threw the baby in the canal, then they both while riding on motorcycle ran way---Story narrated by the said witnesses was not acceptable to a prudent mind as they failed to justify their presence at the canal where the baby was allegedly thrown by the accused persons---Moreover, the conduct of the said witnesses was highly unnatural because the complainant party was closely related to them and they did not timely inform the episode of throwing baby in the canal to the police and remained silent for a long time---One of the witnesses had also made dishonest improvements to his earlier statement---Since both the said witnesses had failed to justify their presence at the relevant time rather they were interested witnesses and their evidence was not confidence inspiring, thus, the same was accordingly discarded---Appeal against conviction was accordingly allowed.

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