Malik SARFRAZ vs State Ss — 2022 PCrLJ 762 ISLAMABAD

Case information

Citation: 2022 PCrLJ 762 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: Malik SARFRAZ 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

Malik SARFRAZ VS State Ss. 302(b), 337-a(ii) & 34---Qatl-i-amd, shajjah mudihah, common intention---appreciation of evidence---Benefit of doubt---Ocular account---Scope---accused was charged that he along with co-accused persons committed murder of the son of complainant and also caused injuries to his relative---Ocular account was deposed by the complainant and an eye-witness--- Testimonies of said witnesses were not consistent nor supported by the evidence brought on record---Complainant had deposed that the motive was a dispute relating to land which was in possession of father of eye-witness---Eye-witness in his testimony, did not corroborate the stance---Question was as to why the deceased alone was targeted because the evidence did not indicate that he had attempted to take possession of the disputed land---according to the deposition of the complainant, the dispute was with him---Testimonies of said witnesses were not consistent with the scaled plan---Distance shown between the place where the deceased had received the firearm injury and where he fell was about 46 ft---Depositions regarding the ocular account were silent in that regard---Testimonies of witnesses who had claimed that they had witnessed the commission of the offence were not confidence inspiring in order to uphold the conviction---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---appeal against conviction was allowed, in circumstances.

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