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ISHTIAQ HUSSAIN vs State S — 2021 SCMR 159 SUPREME-COURT

Case information

Citation
2021 SCMR 159 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ISHTIAQ HUSSAIN 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

ISHTIAQ HUSSAIN VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Discrepancy in the ocular account unanimously furnished by all the witnesses including the injured himself was most intriguing; with one voice they blamed an acquitted co-accused, for a dagger blow on the left thigh whereas according to the medical examination, the witness sustained a firearm injury on the stated locale---Accused was shown to have led to the recovery of a dagger, a circumstance further compounding the confusion---Witness discredited and disbelieved qua his own tormentor was of little relevance to sustain the remaining structure of the case---En bloc nomination of the accused with his entire clan, each armed lethally, but, settling the score with only a solitary fire shot accompanied by a trivial incised wound on the forehead, unlikely to be outcome of a butt blow, clearly indicated a reckless desire of the complainant side to rope in innocent persons---Accusation that acquitted co-accused held the deceased in his arms in order to expose him to a fire shot made by the accused, risking his own life, was a story that may not find a buyer particularly in view of an exit wound on frontal side of the chest of the deceased---Inherently flawed ocular account, reflecting a desire to unconscionably nominate adversaries would cast away the entire case---Appeal was allowed and accused was acquitted of the charge.

Other judgments reported in 2021 SCMR

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