Muhammad Arshad vs State Ss — 2026 YLR 410 LAHORE-HIGH-COURT-LAHORE

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Muhammad Arshad VS State Ss. 302(b), 364, 109, 148 & 149---Qatl-i-amd, kidnapping and abducting a person in order to murder, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Occurrence doubtful---Accused were charged for committing murder of the son of complainant after kidnapping him---As per the case put forth by complainant, deceased was going by foot to the house of his sister at "C" from "M" and when he reached ahead of Head "D", five persons armed with firearms came there on motorcycles and they encircled deceased and the latter raised noise to save his life, whereupon two witnesses were attracted there having torches and on seeing them, accused persons abducted deceased with intention to kill him and took him on amotorcycle towards A-(Attari)---Said witnesses claimed to have informed the complainant, whereupon the complainant convened Punchayat for recovery of his son from the accused persons but they delayed the matter and did not return son of complainant---Undeniably, the complainant having received so called information qua abduction of his son, did not report the matter to police and instead he claimed to have convened Punchayat---Non-reporting of the matter by complainant to police was simply beyond one's comprehension---If complainant's son in fact was abducted in the way as detailed in the FIR and private complaint, normal and natural course available to complainant was to immediately report the matter to police in order to save the life of his son particularly when as per complainant's own version there existed previous enmity between the parties---Nothing plausible had been put forth by the complainant for not resorting to the appropriate mode of approaching the police for the recovery of his son---Explanation so put forth by complainant qua convening of Punchayat hardly furnished any plausible and reasonable ground for not reporting the matter to police---Appeal against conviction was allowed, in circumstances.

Muhammad Arshad vs State Ss — 2026 YLR 410 LAHORE-HIGH-COURT-LAHORE

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