GHULAM ABBAS vs State Ss — 2021 SCMR 23 SUPREME-COURT

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GHULAM ABBAS VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Benefit of doubt---Police station was situated at a distance of just six kilometers from the place of occurrence but the matter was reported with a delay of more than five hours, and no explanation was offered for such delay---Chances of deliberations and consultations before reporting the matter to the police could not be ruled out---Witnesses of ocular account claimed to have witnessed the occurrence in the light of bulb erected at the place of occurrence, however the investigation officer admitted during his cross examination that he had not recorded the availability of bulb in inspection note, and that in the scaled site plan the patwari had not shown the availability of bulb---Moreover, it was claimed by both the witnesses of ocular account that at the time of occurrence there were ten cots in the compound of the house, however Investigation Officer admitted during his cross-examination that there was only one cot available at the time of his visit---Medical evidence did not fully support the prosecution case regarding time of death of deceased---Alleged motive for the occurrence was a monetary dispute between the parties for which an alleged pronote was also executed by the accused, but complainant during cross examination admitted that complainant side were not present at the time of taking loan and execution of pronote---Investigation officer admitted that neither the complainant had produced any copy of pronote to prove motive nor he had obtained or asked for the pronote from the complainant in respect of motive---No crime empty was collected from the place of occurrence and no report of Forensic Science Laboratory was available on record to establish whether the weapon allegedly recovered from the accused at the time of his arrest was in working order or otherwise---Prosecution case against the accused was doubtful in nature, therefore, he was acquitted of the charge of murder---Petition for leave to appeal filed by complainant seeking enhancement of the sentence of accused and assailing acquittal of co-accused was dismissed and leave was refused.

GHULAM ABBAS vs State Ss — 2021 SCMR 23 SUPREME-COURT

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