| Citation(s) |
|---|
| 2021 SLG 82 2021 SLD 82 2021 SCMR 159 |
Supreme Court of Pakistan
Criminal Appeal No. 110 of 2020 and Criminal Petition No. 865-L of 2014, decision Dated: 23rd October, 2020, hearing Date : 23rd October, 2020. (Against the judgment Dated 27.06.2014 passed by the Lahore High Court Lahore in Criminal Appeal No. 230-J/2010
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ms. Bushra Qamar, Advocate Supreme Court for Appellant. Imtiaz Khan Baloch, Advocate Supreme Court for the Complainant/Petitioner.
Criminal Appeal No. 110 of 2020 and Criminal Petition No. 865-L of 2014, decision Dated: 23rd October, 2020, hearing Date : 23rd October, 2020. (Against the judgment Dated 27.06.2014 passed by the Lahore High Court Lahore in Criminal Appeal No. 230-J/2010
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ms. Bushra Qamar, Advocate Supreme Court for Appellant. Imtiaz Khan Baloch, Advocate Supreme Court for the Complainant/Petitioner.
ISHTIAQ HUSSAIN AND ANOTHER
VS
THE STATE AND OTHERS
Law: Penal Code (West Pakistan Amendment) Act, 1964
Section: 302(b)
Penal Code (XLV of 1860)---
----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Discrepancy in the ocular account unanimously furnished by all the witnesses including the injured himself was most intriguing; with one voice they blamed an acquitted co-accused, for a dagger blow on the left thigh whereas according to the medical examination, the witness sustained a firearm injury on the stated locale---Accused was shown to have led to the recovery of a dagger, a circumstance further compounding the confusion---Witness discredited and disbelieved qua his own tormentor was of little relevance to sustain the remaining structure of the case---En bloc nomination of the accused with his entire clan, each armed lethally, but, settling the score with only a solitary fire shot accompanied by a trivial incised wound on the forehead, unlikely to be outcome of a butt blow, clearly indicated a reckless desire of the complainant side to rope in innocent persons---Accusation that acquitted co-accused held the deceased in his arms in order to expose him to a fire shot made by the accused, risking his own life, was a story that may not find a buyer particularly in view of an exit wound on frontal side of the chest of the deceased---Inherently flawed ocular account, reflecting a desire to unconscionably nominate adversaries would cast away the entire case---Appeal was allowed and accused was acquitted of the charge.
----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Discrepancy in the ocular account unanimously furnished by all the witnesses including the injured himself was most intriguing; with one voice they blamed an acquitted co-accused, for a dagger blow on the left thigh whereas according to the medical examination, the witness sustained a firearm injury on the stated locale---Accused was shown to have led to the recovery of a dagger, a circumstance further compounding the confusion---Witness discredited and disbelieved qua his own tormentor was of little relevance to sustain the remaining structure of the case---En bloc nomination of the accused with his entire clan, each armed lethally, but, settling the score with only a solitary fire shot accompanied by a trivial incised wound on the forehead, unlikely to be outcome of a butt blow, clearly indicated a reckless desire of the complainant side to rope in innocent persons---Accusation that acquitted co-accused held the deceased in his arms in order to expose him to a fire shot made by the accused, risking his own life, was a story that may not find a buyer particularly in view of an exit wound on frontal side of the chest of the deceased---Inherently flawed ocular account, reflecting a desire to unconscionably nominate adversaries would cast away the entire case---Appeal was allowed and accused was acquitted of the charge.
JUDGMENT
QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.---
Muhammad Abid, 28, was done to death at 10:40 p.m. on 9.6.2009 within the precincts of Police Station Urban Area Sargodha; Muhammad Shoaib (PW-8), with a dagger blow survived the assault; Muhammad Sharif (PW-6) and Haji Muhammad Saeed (PW-11) witnessed the occurrence unharmed; casualties were shifted to the hospital where the former lodged report with the police at 11:50 p.m.
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