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MUHAMMAD IDREES vs State Ss — 2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2021
Parties
MUHAMMAD IDREES 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

MUHAMMAD IDREES VS State Ss. 302, 324, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Withholding material witnesses---Effect---Allegation levelled against the accused was that they armed with .30-bore pistols attacked upon a peaceful procession and killed three innocent persons and injured many others---Place of occurrence was a thickly populated area---Hundreds of people participated in the procession when the occurrence took place but no independent witness had been cited as eye-witness of the occurrence---Perusal of the record showed that the person leading the rally did not appear before the court and the prosecution abandoned him---In view of the story narrated by the prosecution, person leading the rally was the star witness of the case but he had not been produced before the court and the alleged injured eye-witness was also declared hostile by the prosecution---Police while presenting the incomplete challan cited fourteen persons as eye-witnesses of the case but surprisingly at the time of presenting the complete challan eliminated the names of a number of the eye-witnesses shown in the incomplete challan---Statement of the Investigating Officer, and circumstances showed that present was a fit case in which an adverse inference could be drawn under the provisions of Art. 129, Qanun-e-Shahadat, 1984, that material witnesses had been withheld by the prosecution being not supportive to the prosecution's version---Appeals against conviction were partly accepted and the sentences awarded to the accused were converted to the sentences already undergone.

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