Ali Raza vs State Ss — 2025 MLD 1760 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1760 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Ali Raza 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

Ali Raza VS State Ss. 302, 311 & 338-C---Qatl-i-amd, isqat-i-janin and fasad-fil-arz---Appreciation of evidence---Benefit of doubt---No of justification for the presence of eye-witnesses at the place and time of occurrence---Chance witnesses, evidence of---Scope---Accused were charged for committing murder of the pregnant wife of complainant by firing and inflicting churri blows---Ocular account produced by the prosecution in this case comprised of complainant and an eye-witness---Both the said witnesses were not the residents of the Mohallah in which occurrence took place---So, both of the witnesses were "chance witnesses", thus, were required to offer valid, cogent and plausible reason to justify and establish their presence at the time and place of occurrence---Though as per application for registration of the case, deceased of the case went to meet her maternal-uncle in his house situated in a mohallah, complainant along with eye-witnesses went behind her and had seen the occurrence but any reason could not be offered by said both witnesses that why they were following her and said claim of both said witnesses did not appeal to a common prudent mind, hence, their testimony was "suspect" evidence and could not be accepted without pinch of salt---Circumstances established that prosecution had failed to prove its case against the appellant beyond shadow of doubt---Appeal against conviction filed by the accused was allowed, accordingly.

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