Muhammad Mohsan vs State Ss — 2025 YLR 1259 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 1259 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Mohsan vs State Ss
Subject matter: Criminal

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 Mohsan VS State Ss. 302(b), 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Natural witnesses/eye-witnesses not produced for evidence---Adverse inference---Effect---Accused was charged for committing murder of the son of complainant by firing---As per record, most natural witness of the occurrence was not produced, who was real paternal uncle of the deceased---Said witness was not only the eye-witness of the occurrence but was also the scriber of the application---Furthermore, the owner of the Dera i.e. alleged place of occurrence had neither been produced in the investigation nor in evidence, therefore, the prosecution had withheld the best pieces of evidence of paternal uncle of deceased as well as owner of Dera, hence an adverse inference within the meaning of Art. 129(g) of Qanun-e-Shahadat, 1984, could validly be drawn against the prosecution that had the said witnesses been produced in the witness box then their evidence would have been unfavourable to the prosecution---Appeal against conviction was allowed, in circumstances.

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