| Citation(s) |
|---|
| 2025 SLG 358 2025 SLD 358 = 2024 LHC 5656 |
Crl. Appeal-Against Conviction-PPC 12779-23
Mr. Justice Sadaqat Ali Khan
28.11.2024 Appellants by:- Mr. Munir Ahmad Bhatti, Ms. Mehroo Munir Bhatti and Mr. Muhammad Asif Hayat, Advocates. State by:- Mian Imran Rahim, DPG with Anwar, SI. Complainant by:- Mr. Ajaz Khalid Khan Niazi, Advocate with complainant.
SHER AZAM KHAN ETC
VS
THE STATE ETC
Law: Code of Criminal Procedure (CrPC), 1898
Section: 544-A, 382-B, 103, 374
Law: Pakistan Penal Code, 1860
Section: 302(b), 324, 34
SUMMARY
The appellants, Huzaifa Usman Khan and Sher Azam Khan, were initially convicted for the murder of Muhammad Shoaib Khan and the injury of Mureed Hussain Shah under Sections 302(b)/34 PPC and 324 PPC. They were sentenced to life imprisonment, along with compensation and additional imprisonment.
However, upon appeal, the court found significant doubts in the prosecution's case. Key issues included discrepancies between eyewitness testimonies and medical evidence, a lack of independent corroborative evidence, and failure to produce crucial public documents such as the Rescue 1122 forms. Furthermore, the recovery of weapons was not independently witnessed, violating procedural requirements. Due to these doubts, the court concluded that the appellants were entitled to the benefit of doubt, leading to their acquittal. The trial court's conviction and sentences were set aside, and they were directed to be released.
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