TAJAMAL HUSSAIN SHAH vs State S — 2022 SCMR 1567 SUPREME-COURT

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TAJAMAL HUSSAIN SHAH VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Plea of alibi successfully established---Accused took the stance that on the fateful day and time, he was not present at the place of occurrence and was visiting his cousin, who was posted in a a Battalion of the armed forces in a different city, and in-fact the deceased along with 25/30 persons attacked upon his house while armed with lethal weapons and beat his father---Said plea of alibi of the accused was inquired into by the Investigating Officer, who after thorough investigation found the same to be true---Investigating Officer also got a verification letter issued by the Commanding Officer of Battalion in question, which was placed on record---In support of plea of alibi, a member of the armed forced appeared as a defence witness and stated on oath that on the fateful day and time, the accused was physically present at the site of the Battalion---Prosecution had failed to prove its case beyond any reasonable shadow of doubt---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge. Head NotesCase Description Citation Name: 2022 SCMR 1567 SUPREME-COURTBookmark this Case TAJAMAL HUSSAIN SHAH VS State S. 302(b)---Qatl-i-amd---Absconsion---Scope---Absconsion cannot be viewed as a proof for the offence, and cannot be made basis for conviction, rather it is the prosecution which has to prove its case independently without any reasonable shadow of doubt. Head NotesCase Description Citation Name: 2022 SCMR 1567 SUPREME-COURTBookmark this Case TAJAMAL HUSSAIN SHAH VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Recovery of weapon inconsequential---Pistol .30 bore allegedly recovered on the pointation of the accused was transmitted to the Provincial Forensic Science Agency but the matching report of the same with crime empties recovered from the spot was negative, therefore, the recovery of pistol became inconsequential---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge. Head NotesCase Description Citation Name: 2022 SCMR 1567 SUPREME-COURTBookmark this Case TAJAMAL HUSSAIN SHAH VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Motive not proved---According to the prosecution the motive of the occurrence was previous quarrel between co-accused (tried separately) and son of the complainant---However, the prosecution failed to produce the son in order to prove the motive part, therefore, it could safely be concluded that prosecution could not prove the motive part of the story---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge. Head NotesCase Description Citation Name: 2022 SCMR 1567 SUPREME-COURTBookmark this Case TAJAMAL HUSSAIN SHAH VS State S. 302(b)--- Qatl-i-amd--- Benefit of doubt--- Scope--- Single circumstance creating reasonable doubt in a prudent mind about the guilt of accused makes him entitled to its benefits, not as a matter of grace and concession but as a matter of right. Head NotesCase Description Citation Name: 2022 SCMR 1567 SUPREME-COURTBookmark this Case TAJAMAL HUSSAIN SHAH VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Medical evidence contradicting ocular account---According to two witnesses of the ocular account, the accused while armed with .30 bore pistol made a straight fire shot on deceased, which landed on his chest, due to which he fell down and ultimately succumbed to the injury---However, this stance was contradicted by the medical evidence, as according to the doctor, who conducted postmortem examination of the deceased, the injury on the chest, just above the nipple of the deceased, was an exit wound and the margins of the wound were black whereas the entry wound was on the back of the deceased i.e. at thoracic spine---Blackening around the wound showed that the fire shot would have been made from a close range but according to the site plan, the accused was shown standing at a distance of 18 steps away from the deceased---Such major discrepancy raised serious doubts on the credibility of the prosecution witnesses of the ocular account---Prosecution had failed to prove its case beyond any reasonable shadow of doubt---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge. Head NotesCase Description

TAJAMAL HUSSAIN SHAH vs State S — 2022 SCMR 1567 SUPREME-COURT

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