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---Vicarious liability---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---Role and participation of the accused according to the prosecution story was an attempt to fire at the injured with the firearm weapon he was carrying and when it misfired, hit the latter with its butt---No allegation that the accused had made an attempt to harm the deceased---Prosecution was also not able to prove beyond a reasonable doubt that the injury on the forehead of the injured had been caused by hitting him with the butt of a firearm weapon---according to the testimony of Investigating Officer, when the firearm weapon was recovered it was rusted and not in working condition---accused had neither come to the crime scene with the common intention to kill the deceased nor did the facts and circumstances raise an inference of an intent to commit the crime of taking an innocent life in furtherance of common intention---Prosecution was not even successful in establishing beyond a reasonable doubt the exact location of the crime scene and the presence of injured when the offence was committed---Conviction on the basis of acts done in furtherance of common intention was not sustainable---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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