ABBAS ALI vs State S — 2021 SCMR 349 SUPREME-COURT

Case information

Citation: 2021 SCMR 349 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: ABBAS ALI 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

ABBAS ALI VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Prosecution case was primarily structured upon ocular account furnished by three witnesses, one of whom was injured during the occurrence --- All three witnesses furnished graphic details of the occurrence without any serious narrative conflict between them---Both sides were part of the same household, therefore, questions of mistaken identity or substitution were possibilities beyond comprehension---Case was registered with remarkable promptitude by the witnesses that included an injured, who was medically examined under a police docket---Though the investigating officer failed to recover the weapons used during the occurrence, nonetheless, such failure did not adversely affect the prosecution case, which was otherwise firmly founded on ocular account furnished by the witnesses, who plausibly explained their presence at the crime scene---Acquittal of a co-accused with a role vastly distinguishable as well as inconsequential appeared to be inspired by judicial caution and as such did not adversely impact upon the integrity of the charge against the accused persons---Convictions and sentences awarded to accused persons were maintained, however the amount of Daman imposed upon the accused persons, in the peculiar facts and circumstances of the case and having regard to the extreme advance age of the accused persons, was reduced to Rs.1000---Petitions for leave to appeal were dismissed and leave was refused.

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