Muhammad Waqas vs State Ss — 2025 PCrLJ 841 LAHORE-HIGH-COURT-LAHORE

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Muhammad Waqas VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Last seen evidence---Scope---Accused were charged for committing murder of the mother of complainant---In the present case, the witness of Waj Takkar, deposed that at 5:00 a.m., they had seen accused-appellants coming out of the deceased's house with a hatchet and sickle in their hands---Complainant deposed that his paternal cousin informed him about the incident at 5:00 a.m.---Similarly, witness of Waj Takkar, who lived in front of the deceased's house, deposed that he was taking milk from his house, and given up witness was standing near him waiting for a van at about 5:00 a.m. when they had seen the accused-appellants coming out from the deceased's house---If witness of Waj Takkar was present outside the deceased's house and in front of his own house at about 5:00 a.m., he must have seen the given up witness going into the house of the deceased, who reported the incident to the complainant---If given up witness was present at the deceased's house at 5:00 a.m., according to complainant, then it was not possible for the accused-appellants to come out of the house of the deceased with a hatchet and sickle in their hands---Paternal cousin of complainant and given up witness had not been produced as witnesses, which made the story even more improbable---Last-seen evidence also required corroboration in material particulars by unimpeachable evidence pointing to the accused's guilt, which was also a weak type of evidence---It was hard to believe that the accused-appellants would come out of the deceased's house with hatchet and sickle in their hands and he would remain silent---Prosecution had cooked up the story made up by witness of Waj Takkar---Circumstances established that the prosecution had failed to prove its case against the appellants beyond any shadow of doubt---Appeal against conviction was allowed accordingly.

Muhammad Waqas vs State Ss — 2025 PCrLJ 841 LAHORE-HIGH-COURT-LAHORE

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