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

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Muhammad Ramzan VS State S. 302(b)---Qatl-i-amd---Apprecia-tion of evidence---Presence of witnesses at the time and place of occurrence not proved---Chance witnesses---Accused was charged for committing murder of is wife/sister of complainant by cutting her neck with churri---As per prosecution story, one day before the occurrence deceased conveyed a message to complainant that her husband (appellant) had quarreled with her, and that he (complainant) should come to take her with him---No reasoning had been given by the eye-witnesses for not going to the house of deceased on the same day of information---Even otherwise, the arrival of said witnesses exactly at the point of time when the appellant was killing the deceased was also a circumstance, which casted doubt on the veracity of the prosecution case because if the appellant had any intention to commit the murder of deceased then there was no need to wait for the arrival of the witnesses---Such facts showed that eyewitnesses had failed to establish their presence at the spot at the relevant time rather they were interested and chance witnesses and as such their evidence was not reliable---Witnesses of ocular account were not witnesses of inquest report and postmortem report pertaining to deceased---If the witnesses were present at the scene of the occurrence at the relevant time, they must have been the witnesses of inquest report---Similarly, witnesses should have escorted the dead body to the hospital being close relatives and their names should have been incorporated in the post mortem report in the column of identification of the dead body---Such fact showed that said witnesses were not present at the time and place of occurrence---Appeal against conviction was allowed, in circumstances.

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

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