MUHAMMAD YAQOOB vs State Ss — 2021 SCMR 1387 SUPREME-COURT

Case information

Citation: 2021 SCMR 1387 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD YAQOOB vs State Ss
Subject matter: Criminal
Provisions referred to: S. 17---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YAQOOB VS State Ss. 302(b) & 34---Offences against Property (Enforcement of Hadood) Ordinance (VI of 1979), S. 17---Qatl-i-amd, common intention, haraabah---Murderous assault on police contingent guarding worshippers at a mosque---Witnesses unanimously pointed their fingers at the accused for having participated in the occurrence, being an active member of the unlawful assembly, constituted in prosecution of a common object, a pursuit that resulted in the death of two police constables in their prime youth---Despite flux of considerable time, the witnesses confidently recollected the incident and faced the cross-examination---Prosecution's failure to effect recovery after almost 25 years of the incident was not surprising nor adversely reflected upon its case otherwise firmly structured on the statements of the witnesses whose presence at the crime scene could not be suspected---Deceased certainly died of the bullets conjointly fired upon them as was evident from the seizure of as many as 90 casings from the spot and, thus, accused alongside the co-accused persons was equally culpable to share the cumulative impact of the assault---Presence of electric lights at the mosque presented ample opportunity for the identification of assailants, each named in the crime report---Totality of circumstances did not allow any hypothesis other than guilt of accused---Petition for leave to appeal was dismissed and leave was refused.

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