MUHAMMAD vs State S — 2022 YLR 967 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 967 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in statements of witnesses---Scope---Accused was charged for committing murder of the nephew of complainant---Fact was un-ascertainable whether the victim sustained injury inside the room or out of the room---Three eye-witnesses stated that after sustaining injury the victim fell down on the ground, if it was so, then the site plan did not show whether he fell nor any blood had been secured showing the place where the victim fell down on the ground---Complainant and two other witnesses stated and the mashirnama showed that the victim was lying on the bed, but nobody stated that after sustaining injury and falling on the ground, either the victim himself moved to the bed and whether he could move or was removed by whom, when and under what condition---Overall perusal of the statements of witnesses left no room for doubt that complainant was not an eye-witness of the incident but the information conveyed to the police rested on the information passed on to him in the presence of two witnesses by eye-witnesses and clearly it was stated by them that the assailants were un-identified---To that extent, neither complainant was declared hostile nor cross-examined by the prosecution---Appeal against conviction was allowed, in circumstances.

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