Muhammad Hussain vs State S — 2026 YLR 1002 LAHORE-HIGH-COURT-LAHORE

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Muhammad Hussain VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of the eye-witnesses at the time and place of occurrence not proved---Accused was charged for committing murder of the niece of the complainant by firing---Testimony of the star prosecution witnesses, complainant and mother of deceased was found to be inherently unreliable and unworthy of credence for the purposes of sustaining a capital conviction---Very genesis of the presence of said witnesses at the scene was shrouded in improbability---Mother of the deceased, claimed to have been unwell and for the purpose of her checkup she along with complainant, given up witness and deceased proceeded towards the hospital on the fateful day---Said arrangement for a routine medical visit struck the Court as unusual and unexplained because it did not appeal to mind that for taking medicine of mother of deceased, four persons would accompany together for the said purpose---Even no prescription of ailment of said witness had been brought on record to justify her stance for medical checkup or getting medicine---Furthermore, the conduct of the complainant, who was also the maternal uncle of the deceased and was resident of 40 kilometers away from the place of occurrence, immediately following the tragic incident, was negating to that of a natural witness---Admission of complainant that he did not inform the emergency services (Rescue 15 or 1122) about the occurrence betrayed a passivity that undermined the veracity of his claim of being present---Even complainant did not know who informed the police about the occurrence---Most critically, complainant when was confronted with his initial account in the written complaint he failed to satisfactorily explain a material improvement in his testimony regarding the locale of firearm injuries, attempting to align his testimony with the post-mortem report---Appeal against conviction was allowed, in circumstances.

Muhammad Hussain vs State S — 2026 YLR 1002 LAHORE-HIGH-COURT-LAHORE

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