LIAQAT ALI vs State Ss — 2021 SCMR 780 SUPREME-COURT

Case information

Citation: 2021 SCMR 780 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: LIAQAT ALI vs State Ss
Subject matter: Criminal

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

LIAQAT ALI VS State Ss. 302(b), 34 & 459---Qatl-i-amd, common intention, hurt caused, whilst committing lurking house-trespass or house-breaking---Reappraisal of evidence---Complainant and a witness claimed to have taken the deceased to the hospital in an injured condition, however in the Medico Legal Certificate, there was no mention of their names rather it was mentioned that the deceased was medically examined through a police official (who was not produced during the trial)---Complainant was not the inmate of the house, wherein occurrence took place---In his cross examination, the complainant admitted that he did not mention the purpose of his visit to the house of deceased on the day of occurrence---Presence of eyewitnesses at the place of occurrence at the relevant time was not free from doubts---Motive set out by the prosecution had not been believed by the Courts below by assigning valid and convincing reasons whereas the recovery of a rifle at the instance of accused was of no avail to the prosecution because the report of Forensic Science Laboratory was confined only to its working condition---Prosecution had failed to prove its case against the accused beyond reasonable doubt---Convictions and sentences of accused were set-aside and he was acquitted of the charges framed against him---Since prosecution case was not free from doubts, therefore, acquittal of co-accused by the High Court was also maintained---Appeals were disposed of accordingly.

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