AKBAR ALI vs State S — 2021 SCMR 104 SUPREME-COURT

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AKBAR ALI VS State S. 324---attempt to commit qatl-i-amd---Reappraisal of evidence---accused persons were convicted and sentenced by the Trial Court under S. 324, P.P.C. for the murderous assault upon the injured witnesses and also ordered to pay compensation to them---On appeal the High Court let off the accused persons from the charge of murderous assault, viewing the lethality of injuries as being insufficient to attract the mischief of S. 324, P.P.C., particularly in view of recovery of blunt weapons, however, direction for monetary compensation to the injured witnesses was kept intact---Held, that accused persons were arrested about fifteen years back and appeared to have remained incarcerated for a considerable period of time---Much water had flown under the bridge since the incident and it would be thus inexpedient to reexamine and revisit the question of their culpability within the framework of their indictment, as prayed for by the prosecution---Period of incarceration and tribulation of lengthy trial and procedures of appeal had adequately remedied the wrong in circumstances, calling for no further action---Petition for leave to appeal challenging the acquittal of accused on charge of murderous assault was dismissed and leave was refused. Citation Name: 2021 SCMR 104 SUPREME-COURTBookmark this Case AKBAR ALI VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Sentence, reduction in---Death sentence altered to imprisonment for life---Witnesses were unanimous on the point that solitary fire shot made by the accused caused the deceased his life---However a negative forensic report seriously diminished consequentiality of the weapon recovered---Furthermore the prosecution failed to establish motive---In such circumstances the High Court had rightly maintained conviction of accused but reduced his sentence of death to imprisonment for life---Appeal was dismissed.

AKBAR ALI vs State S — 2021 SCMR 104 SUPREME-COURT

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