Jamroz Khan vs State S — 2026 PCrLJ 704 LAHORE-HIGH-COURT-LAHORE

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Jamroz Khan VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Time of death of the deceased doubtful---Accused was charged for committing murder of his wife/daughter of the complainant by firing---Difference in timelines of death of deceased made the case of prosecution doubtful and favoured the defence---Medical Officer conducted the postmortem examination of dead body at 9:45 p.m. (same day) and mentioned the probable duration between death and postmortem examination as 12 to 24 hours which in no case coincided with the time of death at 01:00 p.m.---Thus, absence of witnesses at the crime scene was apparent---Even otherwise being chance witnesses their statements under the law were required to have corroboration, plausible explanation, consistent testimony coupled with bahaviour and demeanour, lack of motive and bias, otherwise it could not be the sole basis of conviction---Moreover, eye-witness was informed by the complainant that her daughter had a quarrel with her husband and they were to go for settlement, but both the witnesses did not disclose the source of such quarrel nor produced any call detail record in that respect---Further it was the first time eye-witness had visited the house of accused as conceded by him during cross-examination, therefore, his relation with complainant could not be established because it was not expected that cousin of the complainant had not participated in the marriage of his daughter 8/9 months before---Further claim of complainant and eye-witness that dead body was first taken to the police station and then to the hospital stood belied by the statement of Investigating officer who transported it from place of occurrence to the hospital---Therefore, prosecution could not clarify the fact that if the accused had committed the murder in the presence of witnesses, then how the dead body was taken by him to THQ hospital before Medical Officer and then how dead body reached back to place of occurrence for its transportation to hospital---Thus, prosecution had restructured the case with dishonest intention by twisting the real facts in order to book the accused/appellant---Appeal against conviction was allowed, in circumstances.

Jamroz Khan vs State S — 2026 PCrLJ 704 LAHORE-HIGH-COURT-LAHORE

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