IFTIKHAR HUSSAIN alias KHAROO vs State S — 2024 SCMR 1449 SUPREME-COURT

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IFTIKHAR HUSSAIN alias KHAROO VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Recovery of crime weapon---Inconsequential---As far as recovery of crime weapon i.e. churri, was concerned, the same was held to be inconsequential by the Courts below because it was recovered after 4 years of the alleged occurrence and was not sent to the Forensic Science Laboratory---Prosecution had failed to prove its case beyond any reasonable doubt---Petition was converted into an appeal and was allowed; impugned judgment was set aside, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1449 SUPREME-COURTBookmark this Case IFTIKHAR HUSSAIN alias KHAROO VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Presence of alleged eye-witnesses at the scene of occurrence doubtful---Delay in sending body for the post mortem was reflective of the absence of witnesses at the place of occurrence---Had they been present at the place of occurrence, they would have strived to save the life of deceased and immediately shifted him to the hospital---However, in the present case, contrary to normal reaction, father and brother of deceased, neither shifted the deceased to hospital nor accompanied him when he was sent to hospital by the police---Such behaviour alone created sufficient doubt about their presence at the place of occurrence---This fact also found corroboration from the fact that perusal of post-mortem report and inquest report revealed that dead body was brought to hospital by the police and was identified by two persons, who were not the alleged eye-witnesses of the occurrence---Thus, alleged eye-witnesses were also not the ones who had identified the dead body of the deceased at the time of the post-mortem report---In absence of physical proof qua presence of the witnesses at the crime scene, the same could not be relied upon---In view of the material contradictions in the statements of eye-witnesses and the fact that they did not accompany the deceased in the hospital and that their names were neither mentioned in inquest report nor in post-mortem report as the identifiers of the dead body spoke volumes about their absence at the place of occurrence---Hence, their testimonies were unreliable---Prosecution had failed to prove its case beyond any reasonable doubt---Petition was converted into an appeal and was allowed; impugned judgment was set aside, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1449 SUPREME-COURTBookmark this Case IFTIKHAR HUSSAIN alias KHAROO VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Motive not proved---It was the case of the prosecution that the petitioner (accused) committed murder of deceased on the grudge that he defeated the petitioner in an Akhara (wrestling place)---As far as motive was concerned, same stood disproved---Since, no evidence was produced by the prosecution to substantiate the motive of the accused to commit the murder of the deceased, specifically in light of the fact that, petitioner/accused had no previous enmity with the complainant party, therefore motive set up by the prosecution in the FIR was disbelieved by the High Court---Prosecution had failed to prove its case beyond any reasonable doubt---Petition was converted into an appeal and was allowed; impugned judgment was set aside, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1449 SUPREME-COURTBookmark this Case IFTIKHAR HUSSAIN alias KHAROO VS State absconsion of the accused---Effect---Fact of abscondence of an accused can be used as a corroborative piece of evidence, which cannot be read in isolation but it has to be read along with substantive pieces of evidence---abscondence itself has no value in the absence of any other evidence---abscondence of the accused can never remedy the defects in the prosecution case---Conviction due to abscondence alone cannot be sustained. Citation Name: 2024 SCMR 1449 SUPREME-COURTBookmark this Case IFTIKHAR HUSSAIN alias KHAROO VS State Medical evidence---Scope---Medical evidence by its nature and character, cannot recognize a culprit in case of an un-witnessed incident---When eye-witness account relied upon by the prosecution is unreliable and untrustworthy, conviction cannot sustain on the basis of medical evidence alone.

IFTIKHAR HUSSAIN alias KHAROO vs State S — 2024 SCMR 1449 SUPREME-COURT

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