MUHAMMAD RAMZAN vs KHIZAR HAYAT S — 2024 SCMR 1085 SUPREME-COURT

Case information

Citation: 2024 SCMR 1085 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: MUHAMMAD RAMZAN vs KHIZAR HAYAT 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 RAMZAN VS KHIZAR HAYAT S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Petition for leave to appeal challenging acquittal of accused---Contradictions in evidence of witnesses---Interested witnesses---Presence of witnesses at place of occurrence not explained---Admittedly, the deceased was assaulted by a non-lethal weapon (sota); yet being his real brother, and sitting beside the deceased, the petitioner (complainant) sustained no injury, nor was he able to prevent the assault on the deceased---Contradictions and discrepancies in the ocular account of the eye-witnesses diluted the story of the prosecution, whose case rested on the statement of eye-witnesses, who all were closely related to the deceased---Ocular account of the prosecution's interested witnesses was uncorroborated by the available evidence---No one else was present at the place of occurrence---This creates doubt in their testimony, because both the petitioner and the other eye-witness, resided in different villages, that too, at a considerable distance and their joint arrival at the Dera of the deceased, on foot, in the early morning of the last week of December remained unexplained---Presence of these witnesses at the crime scene was highly doubtful and questionable---As to the other two eyewitnesses, they were also interested witnesses due to their close relationship with the deceased---Prosecution failed to prove the guilt of respondent beyond reasonable doubt---Petition was dismissed and leave was refused.

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