Muhammad Umar vs State Ss — 2025 YLR 197 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 197 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Umar 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 Umar VS State Ss. 302(b), 460 & 411---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night, dishonestly receiving stolen property---Appreciation of evidence---Presence of eye-witness at the spot doubtful---Accused were charged for committing murder of step daughter and granddaughter of complainant and in addition to that stealing some household articles---Prosecution produced son of the complainant who with the help of neighbour while scaling over to the place of occurrence had viewed the deadbody of step daughter of complainant lying on the bed and that of his granddaughter in other room on the carpet with tied hands and feet and associated injuries on their bodies as mentioned in FIR---Said neighbor did not appear as a witness in the dock and Investigating Officer in his deposition did not mention presence of son of complainant at the crime scene when he first visited the place of occurrence---Though it was stated that Investigating Officer recorded the statement of many people including son of complainant at the spot but presence of witness in question was doubtful in the sense that he had not been cited as attesting witness on any memo. of spot recoveries---Non-appearance of neighbor and due to death of complainant single testimony of son of complainant in the form of res gestae could not be corroborated---Thus, as first relevant fact became doubtful it put a blur on rest of the evidence of prosecution---Appeal against conviction was allowed, in circumstances.

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