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MUHAMMAD DAUD vs Syed ABID ALI S — 2021 SCMR 1470 SUPREME-COURT

Case information

Citation
2021 SCMR 1470 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD DAUD vs Syed ABID ALI S
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

MUHAMMAD DAUD VS Syed ABID ALI S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Petition for leave to appeal challenging acquittal---Shootout in an educational institution---Contentions on behalf of complainant that both the courts below, by acquitting the accused and co-accused (proclaimed offender), ran into grievous error by relying upon reticent deposition by the injured witnesses, notwithstanding, that other eye witnesses present at the spot categorically named the accused as well as the co-accused, both for spearheading the assault in a unison inside an educational premises; that forensic report confirming use of two different weapons with three empties wedding one weapon left at the spot, was a circumstance that heavily reflected upon the culpability of accused and co-accused---Validity---Though both the injured witnesses categorically confirmed receipt of fire shot injuries at the stated venue and point of time in the backdrop suggested in the crime report, however, given their positions in the opposite direction in a crowded canteen, they had not visually seen the accused and co-accused, taking on the deceased, a shortcoming seemingly made up by other witnesses present at the spot---In the totality of circumstances and having regard to the absconsion of the co-accused, the Supreme Court granted leave so as to reappraise the entire evidence.

Other judgments reported in 2021 SCMR

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