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MUHAMMAD MEHBOOB vs State S — 2021 SCMR 366 SUPREME-COURT

Case information

Citation
2021 SCMR 366 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD MEHBOOB 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 MEHBOOB VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Default in payment of the money, appeared to have ignited a situation on the fateful day with no previous hostility---During the brawl, comprising of two episodes, both sides confronted each other---Two shotguns, one produced by the complainant and the second, recovered pursuant to a disclosure, spelled out a confrontation in close blank proximity; on the contrary, in scaled site plan inter se distance between the accused and the deceased was shown as 9-1/2 karam, a scenario that did not accommodate autopsy findings of burning surrounding each wound---Locale of fatal shot on the back of the deceased in a configuration where both sides were confronting each other face to face was yet another circumstance intriguing upon the prosecution story---Argument that the situation was acted out to write off the aftermaths of an obvious accidental shot did not appear to be unrealistic---Police official who investigated the case throughout painted a picture altogether different by projecting the accused being alone at the crime scene---Such investigation findings clearly suggested that occurrence did not take place in the manner as alleged in the crime report---In the totality of circumstances, prosecution had failed to bring forth "proof beyond doubt"---Appeal was allowed and accused was acquitted of the charge.

Other judgments reported in 2021 SCMR

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