KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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KASHIF NOUMAN ALIAS KASHI VS STATE Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Joint extra-judicial confession---Not admissible in evidence---Accused were charged for committing murder of the brother of complainant---As per record, on 30.11.2019 at about 07.00 p.m., when two witnesses were present in the house of one of the witnesses, both the appellants came to the house of said witness and confessed their guilt of having committed the qatl-i-amd of deceased---Said statements of the prosecution witnesses were reflective that the appellants jointly confessed to their guilt---It was not mentioned by the prosecution witnesses as to which of the two appellants disclosed which fact, because both the appellants could not have uttered the same words---So, no reliance whatsoever could be placed upon the alleged joint extra judicial confession of the appellants, allegedly made before the prosecution witnesses as the same was a joint extrajudicial confession which was neither a relevant nor an admissible piece of evidence---Facts remained that on 30.11.2019, the prosecution witnesses were clueless regarding the circumstances of the death of the deceased and in that scenario there hardly existed any reason for the appellants to have confessed their guilt when they were not even facing any scrutiny or even suspicion with regard to the death of the deceased---Conduct of the prosecution witnesses was noticeable that both the witnesses, though being the real brothers of the deceased, did not react at all to the said alleged confessional statements of appellants and calmly allowed the appellants to leave the house of the prosecution witness after hearing the alleged confession of the appellants, without making any effort to apprehend them---Said witnesses had not mentioned in their statements that the accused had some weapon which could have precluded them from apprehending the appellants when they had heard the appellants confess to their guilt about the murder---Appeal against conviction was allowed, in circumstances.

KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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