Anees Ur Rehman vs State Ss — 2025 YLR 1094 LAHORE-HIGH-COURT-LAHORE

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Anees Ur Rehman VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account not proved---Accused was charged that he along with his co-accused committed murder of his wife/daughter of the complainant---Ocular account in this case consisted of the solitary statement of real daughter of the appellant and the deceased---Case of the said witness was that upon hearing noise she woke up and saw that the appellant (father) and deceased (mother) were quarrelling with each other and the appellant was beating the deceased; that deceased managed to get free from the clutches of the appellant and she was in the door when the appellant hit her with a hammer on backside of her head, and she fell down; that appellant dragged her in the room and strangulated her with a string and thereafter the appellant fled away---Presence of the said witness on the spot at the time of incident was doubtful in nature---Witness, who along with other witness (given up) carried the deceased in injured condition to hospital, stated in his cross-examination that as per record of control log book, the information about the occurrence was provided by the appellant and the appellant took him inside the house where the deceased was lying and after some time, father of appellant reached there and nobody else was present there---Moreover, the said witness was not cited as a witness in the FIR---Even, the complainant in his examination-in-chief did not mention her name as an eye-witness of the incident---During cross-examination conducted on Investigating Officer that during investigation, the complainant did not record any statement, in which the name of said witness was disclosed as an eye-witness---Investigating Officer had also conceded in his cross-examination that in fard bayan, FIR, supplementary statement, inquest report, injury statement, applications for postmortem examination and issuance of dockets, no where it was mentioned about eye-witnesses including daughter of the deceased and accused---Circumstances established that the prosecution could not prove its case against the appellant beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Anees Ur Rehman vs State Ss — 2025 YLR 1094 LAHORE-HIGH-COURT-LAHORE

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