Muhammad Dilawar vs State Ss — 2026 PCrLJ 824 LAHORE-HIGH-COURT-LAHORE

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Muhammad Dilawar VS State Ss. 302(b), 201 & 34---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offenders, common intention---Appreciation of evidence---Extra-judicial confession doubtful---Accused were charged for committing murder of the brother of complainant---In the present case, the evidence of extrajudicial confession of one of the accused person "D" was furnished by brother of complainant---Testimony of said witness regarding extrajudicial confession allegedly made by the appellant "D" before him and given up witness was not reliable because no reason was assigned by him as to why the appellant "D" approached him to make such confession as he did not seek any help from him---Moreover, said witness had not informed the police soon after the extrajudicial confession of said appellant---Even said witness did not try to apprehend appellant "D" who came to meet him alone empty handed at the relevant time whereas the prosecution witnesses were two in numbers---Both the said prosecution witnesses of extra-judicial confession were not enjoying any status or authority in the society which could have promoted the appellant "D" to make such extra-judicial confession before them---Said witnesses were not in a position to get pardon for the appellant from the complainant---Another witness of extrajudicial confession had been given up by the prosecution, so the sole testimony of brother of complainant to prove the factum of extra-judicial confession of appellant "D" without any independent corroboration could not be relied upon and, thus, was brushed aside from consideration---Appeal against conviction was allowed, in circumstances.

Muhammad Dilawar vs State Ss — 2026 PCrLJ 824 LAHORE-HIGH-COURT-LAHORE

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