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MUHAMMAD AFZAL vs State S — 2021 SCMR 289 SUPREME-COURT

Case information

Citation
2021 SCMR 289 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD AFZAL 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

MUHAMMAD AFZAL VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Occurrence had taken place at 3.30 p.m. whereas the matter was reported to the police at 4.45 p.m. on the same day whereas the inter se distance between the place of occurrence and police station was 28/29 kilometers---Perusal of the crime report clearly reflected that there was a definite overt act ascribed to the accused who fired twice with his gun on the vital part of the body of deceased---Ocular account was furnished by complainant and another witness---Statements of both said witnesses qua the time, date, mode and manner of occurrence were identical, and despite lengthy cross examination nothing detrimental to the prosecution case could be extracted from them---Occurrence took place in an open field in broad daylight and the parties were known to each other since long, thus there was no chance of any misidentification---All said factors when evaluated conjointly made it abundantly clear that the prosecution had succeeded to establish its case without any reasonable doubt---Benefit of non-recovery of crime weapon and absence of report of Forensic Science Agency, had already been extended to the accused by the High Court as his sentence of death was converted into imprisonment for life---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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