SALEEM KHAN vs State S — 2021 SCMR 1472 SUPREME-COURT

Case information

Citation: 2021 SCMR 1472 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: SALEEM KHAN vs State 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

SALEEM KHAN VS State S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Petitions for leave to appeal challenging acquittal of accused persons---Person who had been injured by receiving a bullet injury in the incident, and thus establishing his presence at the crime scene and as an eye-witness, did not come forward to testify nor was summoned to do so, despite the fact that he was known and a resident of the same village in which the complainant resided, which cast a serious doubt on the prosecution case---Another ground which had prevailed with the High Court in acquitting the accused persons was that the medical report stated that the bullet injuries on the deceased showed charring of the wounds, suggesting that he was shot at from a close range, whereas the ocular account narrated by the purported eye-witnesses contradicted same---Moreover, the motive put forward by the prosecution was also attracted to the purported eye-witnesses, but surprisingly they did not receive a single injury at the hands of any of the three assailants, which would further suggest that they were not present at the crime scene---Petitions for leave to appeal challenging acquittal of accused persons by the High Court were dismissed, in circumstances.

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