RIASAT ALI vs State S — 2024 SCMR 1224 SUPREME-COURT

Case information

Citation: 2024 SCMR 1224 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: RIASAT ALI 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

RIASAT ALI VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Crime empties, recovery of---Infirmities in the site plan---In the site map it had been mentioned that seven crime empties were recovered from point 'I' of the place of occurrence but the site map did not mention any point 'I'---Admittedly no crime empty was recovered from near point 'E' i.e. wherefrom the petitioner (accused) had allegedly fired upon the deceased---According to the version of the prosecution witnesses and site map, the seven crime empties should have been recovered from six different places/points from the place of occurrence but surprisingly the prosecution witnesses had mentioned about recovery of seven crime empties from one place i.e. point 'I' (which had not been mentioned in the site plan)---Prosecution witnesses including Investigating Officer had not furnished any explanation in such regard---In his report, the firearm expert of Punjab Forensic Science Agency had identified two crime empties having been fired from 222 caliber rifle---About the third crime empty, the firearm expert had not given any definite opinion---Remaining three crime empties had been held not suitable for comparison by the firearm expert---Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt---Petition was converted into appeal and allowed, and petitioner was acquitted of the charge under section 302(b), P.P.C.

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