Muhammad Afzal vs State S — 2025 YLR 941 LAHORE-HIGH-COURT-LAHORE

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Muhammad Afzal VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Chance witnesses---Non-availability of justification for the presence of witnesses at the time and place of occurrence---Accused was charged for committing murder of the sister of complainant by cutting her throat with a sharp edged sickle---Ocular account of the prosecution was furnished by complainant and his paternal uncle---Both the said witnesses were residents of Noshera Road, "G" (Gujranwala), whereas the occurrence took place in the locality of Rasool Pura Jhangi of District "G" (Gujranwala)---Eyewitness stated during his cross-examination that the distance between his residence and place of occurrence was ten kilometers---Said witness did not mention any special reason for visiting the house of the appellant, during early morning on the day of occurrence---Complainant, who was brother of the deceased had stated that deceased was expelled by the appellant, however, the appellant took her back one month prior to the date of occurrence and as such there was no special reason for the said witnesses to visit the house of the deceased on the day and time of occurrence---Said witnesses were not residents of the locality where the occurrence took place and as such they were chance witnesses and their evidence was not free from doubt---As the prosecution eye-witnesses were chance witnesses and they could not prove any valid reason of their presence at the spot and at the time of occurrence , therefore, their very presence at the spot at the relevant time became doubtful---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

Muhammad Afzal vs State S — 2025 YLR 941 LAHORE-HIGH-COURT-LAHORE

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