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FAREED vs State Ss — 2021 SCMR 621 SUPREME-COURT

Case information

Citation
2021 SCMR 621 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
FAREED vs State Ss
Subject matter
Criminal
Provisions referred to
S. 302; S. 316

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

FAREED VS State Ss. 316 & 302(b)---Qatl Shibh-i-amd---Reappraisal of evidence---Novus actus interveniens, doctrine of---Not applicable---Though the injuries suffered by the deceased were apparently trivial, but because of fragility of old age he could not endure the injuries---Autopsy report noted multiple red colour bruises of various sizes on various parts of the body accompanied by laparotomy and surgical wound---According to the medical officer, the deceased died due to injuries in small intestine and abdominal blood vessels, seemingly insufficient to cause death in the ordinary course of nature, nonetheless, unmistakably suggesting infliction of violence that was proportionate to the number of assailants, additionally confirmed by the investigative conclusions---Though the medical officer had blamed the injuries as the cause behind the death, however, it could not be held with any degree of certainty that the said injuries were essentially caused by blunt weapons to invoke the doctrine of novus actus interveniens so as to saddle the accused persons with the mischief of S. 302(b), P.P.C. as argued by the complainant---Prosecution's failure to effect recovery reflected adversely upon the allegation of infliction of butt blows, and the violence inflicted upon deceased appears to be result of modes other than conventional---¬High Court had rightly maintained the conviction of accused persons under S. 316, P.P.C. and reduced their sentence from 10 years to 5 years rigorous imprisonment---Petitions for leave to appeal were dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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