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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding material evidence---Inmates of house not produced for evidence---Effect---Accused were charged for committing murder of the brother of complainant---According to the prosecution case, the qatl-i-amd of deceased was committed in his house---Admitted fact of the prosecution case was that the place of occurrence was occupied by the children of deceased---All the four witnesses stated in their statements before the Trial Court that deceased was blessed with the birth of two children and the said children were present in the same house where the occurrence took place---Neither during the course of investigation nor before the Trial Court, the statements of the children of deceased, who were admittedly the residents of the place of occurrence and were also present there at the time of occurrence, were recorded---Complainant of the case could have and should have produced the said children of the deceased not only before the Investigating Officer of the case but also before the Trial Court---Moreover, there was no evidence on record that on the day of occurrence, at the time of occurrence, the said children were living somewhere else than with their parents---Investigating Officer of the case also failed to include in the investigation the inhabitants of the house where the occurrence had taken place---Joint failure of the prosecution witnesses including the complainant of the case and the Investigating Officer of the case to produce the said inhabitants of the place of occurrence before the Trial Court, reflected poorly upon the veracity of the prosecution case---Article 129(g) of the Qanun-e-Shahadat, 1984, provided that if any evidence available with the parties was not produced, then it would be presumed that had that evidence been produced the same would have been against the party producing the same---Failure of the prosecution to produce the children of the deceased who were admittedly the residents of the place of occurrence and the most natural witnesses before the Trial Court, had convinced that had they been produced before the Trial Court they would not have supported the prosecution case---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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