Muhammad Mumtaz vs State S — 2025 YLR 520 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 520 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Mumtaz 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 Mumtaz VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Withholding best witness---Adverse presumption---Accused was charged for committing murder of his wife/daughter of complainant by strangulation---Claim of the prosecution was that the accused along with deceased was living in the Dera of one "MI" as he was cultivating his land on "Batai" and that factum had also been admitted by both the witnesses of ocular account and they had also claimed that both of them went to the house of said "MI" on the day of occurrence in order to reconcile the dispute between the spouses and for that purpose they were sitting in Baithik of said "MI", whereas deceased was standing in drawing room of the said house---Meaning thereby that the occurrence took place in the house of "MI", who being owner/inmate of the house was an important and star witness of the incident but astonishingly, neither he had been joined during the course of investigation nor was produced before the Trial Court as a witness---So, the prosecution had withheld most natural and important witness of the incident i.e. owner of the house where the alleged incident took place---If any party withheld best piece of evidence then it could fairly be presumed that it had sinister motive behind it---Such aspect of the case would go against the prosecution and presumption would be that had the witness been produced before the Trial Court, he would not have supported the prosecution version---Appeal against conviction was accordingly allowed.

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