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---Ocular account not proved---Accused were charged for committing murder of the pregnant wife of complainant by firing and inflicting churri blows---Though it was claim of the prosecution that deceased of the case went to see her maternal uncle yet name of said maternal uncle/mamoon was neither mentioned in application for registration of the case nor otherwise could be brought on record during investigation of the case, so much so, that house of said maternal uncle was neither shown to the Investigating Officer nor otherwise was available near/adjacent at or around the place of occurrence as per site plan of place of occurrence prepared by Investigating Officer and site plan prepared by the Draftsman---Said maternal uncle even did not join investigation of the case---Eye-witness also introduced dishonest improvements in his statement before Court---When all the said factors were taken into consideration in totality, then ocular account furnished by the prosecution in this case had not been found as confidence inspiring or truthful; hence, same could not be relied and was discarded---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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