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Muhammad Sibtain vs State Ss — 2025 PCrLJ 262 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 262 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Sibtain 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 Sibtain VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Night time occurrence---Torch as a source of light---Scope---Accused was charged for committing murder of the brother-in-law of complainant by inflicting hatchet blow---Eye-witnesses admitted in unequivocal terms that the house of deceased was situated in a suburbs of the village at an isolated place, having no electricity connection---For proving the identity of appellant as the assassin in an occurrence having taken place in a dark pitched night, prosecution was essentially required to prove the source of light for excluding the possibility of mistaken identity---Proving of light source in a night time felony was not a statutory requirement but a rule of caution followed inflexibly in every criminal case for proving beyond shred of any doubt the identity of the criminal---Moreover, it was light which enabled a witness to notice the lineament and physiognomy of the culprit---Complainant described a torch as source of light for identifying appellant at the eventful time, but torch was always regarded as a weak source of light in a night time homicide incident for identifying the culprit---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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