Muhammad Ramzan vs State S — 2025 YLR 1104 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 1104 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Ramzan vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 Ramzan VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Material witness not examined---Adverse presumption---Accused was charged for committing murder of his wife/sister of complainant by cutting her neck with churri---According to the testimony of complainant, his cousin gave message of deceased to him prior to the occurrence---It was Admitted by complainant that his said cousin did not join the investigation---Moreover, said cousin of complainant gave his message on 13-10-2020 at about 06:00 p.m.; at that time complainant was present at his house---Said message was also conveyed to other witnesses at the same time---Complainant admitted in his cross examination that he did not immediately proceed to the house of deceased but the prosecution had failed to examine said cousin of complainant during the course of trial---In the given scenario, abandoning of the said witness obviously led to an adverse inference in terms of Art. 129(g) of the Qanun-e-Shahadat, 1984 that had he been produced in the witnesses box, he would not have supported the prosecution case---If any party withholds the best piece of evidence, then it can fairly be presumed that such party has some sinister motive behind it---Appeal against conviction was allowed, in circumstances.

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