GHULAM MUSTAFA vs State S — 2021 SCMR 542 SUPREME-COURT

Case information

Citation: 2021 SCMR 542 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: GHULAM MUSTAFA 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

GHULAM MUSTAFA VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Incident occurred in a residential neighbourhood, located at a distance of 2-1/2 k.m. from the police station, witnessed amongst others, by a witness who claimed to have himself sustained multiple club blows on different parts of his body---Medico legal certificate of said witness was not on the record---Complainant had made no reference in the crime report to the injuries suffered by the said witness---Report to the police at a place other than police station confirmed a delay (in reporting the matter) for which no convincing explanation was offered---Autopsy of dead body of deceased was performed after a delay of 18-1/2 hours, despite availability of the medical officer---Said report revealed a solitary stab wound on the abdomen of deceased with no injuries on the head as attributed in the crime report to two co-accused persons, who had since been acquitted---Some of the co-accused persons despite being armed with pistols preferred to target the deceased with a non-conventional weapon---With a manifestly flawed ocular account, prosecution's failure on motive and recovery of weapon as well as co-accused persons grievously undermined its case vis-à-vis the accused as well---Plea of accused that the occurrence did not take place in the manner as alleged in the crime report and that incident was subsequently reported by managed witnesses, could not be dismissed out of hand---Appeal was allowed and the accused was acquitted of the charge.

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