Khawaja Muhammad tayyab vs State S — 2025 MLD 537 LAHORE-HIGH-COURT-LAHORE

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Khawaja Muhammad tayyab VS State S. 302(b)---appreciation of evidence---No justification for the presence of witnesses at the time and place of occurrence---Chance witnesses---accused was charged for committing murder of the husband of complainant---Complainant stated that her dewar/witness and given up witness were talking to one another at odd hours of the night i.e. 12:30 a.m. in the street and witnessed the occurrence but they had not disclosed the reason of their presence in the street at such time---Complainant also stated in her cross-examination that she had not recorded in her statement that on which topic she and witnesses were talking while standing in the street---In these circumstances, such story of the prosecution was neither plausible nor believable, rather both the eye-witnesses had concealed the real facts of the occurrence which had not taken place in the manner narrated by them---Both the eye-witnesses had stated in their statements before the Trial Court that deceased was coming to house from his work place and reached the place of occurrence whereafter present incident took place at odd hours of the night i.e. 12:30 a.m.---Complainant stated in her cross-examination that she had neither mentioned the name of work place of her husband in her application upon which FIR was lodged nor produced any proof during investigation in that respect---all this showed that reason of the presence of the deceased at the time and place of occurrence i.e. adjacent to the houses of "KR" and "MH" given by the witnesses was false---Even otherwise presence of the deceased adjacent to the said houses at odd hours of the night raised eyebrows---One of the eye-witnesses/dewar of the complainant was not resident of the vicinity of the occurrence, rather was resident of another vicinity---Said witness had not disclosed any reason of his arrival in the house of the complainant on the night of occurrence---Said witness, being chance witness, had failed to establish his presence at the time and place of occurrence with his stated reasons---appeal against conviction was allowed, in circumstances.

Khawaja Muhammad tayyab vs State S — 2025 MLD 537 LAHORE-HIGH-COURT-LAHORE

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