MUHAMMAD IMTIAZ BAIG vs State S — 2024 SCMR 1191 SUPREME-COURT

Case information

Citation: 2024 SCMR 1191 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: MUHAMMAD IMTIAZ BAIG 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 IMTIAZ BAIG VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Admittedly, all the eye-witnesses were related inter se and no independent witness from the locality came forward to substantiate their version even though the incident, as per the version of the prosecution, took place in the street---Complainant and other witnesses did not allege any motive, previous enmity or grudge against the petitioner (accused) for the murder of the deceased---Petitioner was probably included in the story because he was the brother of the main accused---Possibility of the complainant throwing a wider net to implicate the petitioner could not be ruled out---During investigation nothing had been recovered from the petitioner---Weapon of offence/pistol was allegedly recovered on the pointation of the co-accused while he was on physical remand---Report of the Punjab Forensic Science Laboratory ("PFSL") disclosed that parcel of crime empties, which was taken into custody by the Investigating officer from the place of occurrence on 28.05.2012 vide the recovery memo, was received in the office of PFSL on 31.07.2012 for comparison after the recovery of alleged weapon of offence i.e. pistol---Such delayed submission of crime empties, especially after the recovery of the weapon of offense, was not warranted under the law---Evidence presented for establishing motive was rightly not believed by the appellate court for valid reasons---Prosecution case against the petitioner was doubtful---Petition was converted into appeal and allowed, and petitioner was acquitted of the charge.

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