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Allah Rakha vs State Ss — 2025 PCrLJ 762 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 762 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Allah Rakha vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161---Q; S. 161; Criminal Procedure Code (V of 1898)

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

Allah Rakha VS State Ss. 302(b), 324, 337-F(v) & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, common intention---Appreciation of evidence------Delay in recording the statement of witness---Evidence of witness inconsistent with medical evidence---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Injured witness deposed that he remained admitted in hospital for about 22 days and his statement under S.161, Cr.P.C, was recorded by the police at District Headquarter Hospital---Statement of the prosecution witness should be recorded as promptly as possible, without giving him any opportunity to improve upon and subtract from what he saw, since the delay was likely to give an opportunity to a witness to concoct a different version---Testimony of the injured witness created doubt about the date and place of recording his statement under S.161, Cr.P.C.---Considered against such background, the evidence of eye-witnesses was inconsistent with the medical evidence---Medical evidence, therefore, clearly falsified the prosecution's case regarding how the deceased and injured witness were hit---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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