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SHAHEEN IJAZ alias BABU vs State S — 2021 SCMR 500 SUPREME-COURT

Case information

Citation
2021 SCMR 500 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SHAHEEN IJAZ alias BABU 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

SHAHEEN IJAZ alias BABU VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Incident allegedly took place in the backdrop of complaints by the deceased over discharge of filthy water from the accused's shop---Such motive appeared to have ignited the situation, as the past relationship between the parties was peaceful and smooth---Nomination of accused in a broad daylight incident by resident witnesses hardly admitted any space to entertain any hypothesis of mistaken identity or substitution---Prompt recourse to law straight at the police station excluded every possibility of deliberation or consultation---Accused's sole nomination as being the one to have targeted the deceased with five entrance wounds was a circumstance that reflected positively on complainant's conduct---Three co-accused persons, who were sons of the accused, were assigned inconsequential roles during the incident, thus, they were acquitted seemingly out of abundant caution---Presence of accused's sons in an incident, that took place in the same neighborhood, would not by itself bring them into the community of intention and as such their acquittal could not be viewed as a circumstance casting away the entire case---Acquittal of co-accused persons did not adversely impact the prosecution's mainstay qua the role of repeated fire shots assigned to the accused--- Forensic report of the weapon confirmed the nature of the injuries sustained by the deceased---Conviction and sentence of accused as modified by the High Court was maintained---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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