ASHFAQUE alias SHAKA vs State Ss — 2022 SCMR 915 SUPREME-COURT

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ASHFAQUE alias SHAKA VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Reappraisal of evidence---Prosecution case vis-Ã -vis the accused was firmly structured on the foundations un-trembled by the defection of an injured witness; he was medically examined under a police docket even before the autopsy was conducted; in those agonizing moments, he supported the prosecution case in his statement recorded by the Investigating Officer; it was much late in the day that he opted to part ways with the prosecution for reasons best known to him and, thus, his mysterious departure, though embarrassing to the prosecution, nonetheless, by itself, did not cast away its case in the presence of witnesses named in the crime report faithfully supporting their case---Counsel for accused despite detailed survey of the evidence had not been able to point out any flaw or infirmity in the statements of the witnesses that may reflect upon their presence at the spot having seen the solitary fatal shot singularly assigned to the accused costing the deceased her life in broad daylight---Investigation though somewhat controversial, nonetheless, pointed towards culpability of accused, further supported by recovery of weapon which matched with the casing---Autopsy could not be viewed as delayed as after initially gasping for life, the deceased breathed her last later and it was for this reason, the autopsy was conducted the following day---Petition for leave to appeal was dismissed, and conviction and sentence passed against the accused was maintained. Head NotesCase Description

ASHFAQUE alias SHAKA vs State Ss — 2022 SCMR 915 SUPREME-COURT

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