Munawar Hussain vs State Ss — 2025 YLR 1277 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 1277 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Munawar Hussain 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

Munawar Hussain VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Suppression of relevant facts by the eye-witnesses---Accused were charged that they in furtherance of their common intention committed murder of the son of complainant by inflicting churra blows---Following the deceased from behind at the time of occurrence required explanation, particularly, when eye-witness was residing at a distance of 2½ acres away from the shrine---Widow of deceased reportedly stated that she heard that after sustaining injuries her husband named some "Malangs" and not the appellant as the one who stabbed him---Moreover, it was a very small locality of few people where they knew each other personally---If statement of deceased could be called his dying declaration, he did not name the appellant as his killer---Prosecution witnesses had named the appellant as Gillani, Shah and also Malang with the explanation that he was commonly known as Gillani despite being Mughal by caste---Such known name of the appellant could not be relevant to ascertain his culpability---Thus, it appeared to be a case of suppression of relevant facts by the eye-witnesses---Such factors seriously cast doubt about the presence of eye-witnesses at the spot who claimed to have witnessed the occurrence---Prosecution evidence, therefore, was bereft of credibility---Appeal against conviction was allowed, in circumstances.

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