ZEESHAN alias SHANI vs MUHAMMAD AYUB art — 2021 SCMR 142 SUPREME-COURT

Case information

Citation: 2021 SCMR 142 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: ZEESHAN alias SHANI vs MUHAMMAD AYUB art
Subject matter: Criminal
Provisions referred to: S. 302

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

ZEESHAN alias SHANI VS MUHAMMAD AYUB art. 185(3)---appeal against acquittal---Scope---Reversal of acquittal required strong grounds and could not be interfered with merely on the possibility of a contra view. Citation Name: 2021 SCMR 142 SUPREME-COURTBookmark this Case ZEESHAN alias SHANI VS MUHAMMAD AYUB S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Leave to appeal, grant of---Plea on behalf of accused-petitioner that deceased was done to death in an un-witnessed occurrence as was evident from the tenor of FIR lodged by deceased's father who had admittedly not seen the occurrence; that deceased's brother, who was an alleged witness, would have reported the matter to the police in the normal course and his induction as a witness heavily reflected upon the veracity of the prosecution case; that according to the police investigation, the murder was in fact committed by some other person and it was so confirmed by two witnesses, who had actually seen the occurrence; that the alleged motive was vague and there was no occasion for the accused to take on the deceased; and that no casing from the spot was recovered---Supreme Court granted leave to appeal to re-appraise the evidence qua the accused to ensure safe administration of criminal justice with a view to examine the investigative conclusions, which were diametrically incompatible with the case set up in the crime report---Leave granted.

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