MUHAMMAD NAWAZ vs State S — 2024 SCMR 1731 SUPREME-COURT

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MUHAMMAD NAWAZ VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Delay in lodging FIR not plausibly explained---Probability of false implication---Co-accused persons acquitted on the same set of evidence---Rule of consistency, applicability of---Complainant did not explain the delay in taking the dead body from the scene of the occurrence to the hospital---Besides, the time of death mentioned by the complainant in the FIR is 7.30 a.m., but the FIR was registered after a delay of more than two hours, without any explanation in this behalf, therefore, there was a probability of consultation and deliberations before reporting the matter to the police by the complainant---Under such circumstances, false involvement of the petitioner in the case could not be ruled out---Besides, in the postmortem report, the doctor opined that the cause of death was excessive loss of blood and haemorrhagic shock as a result of four injuries---These injuries were assigned by the complainant jointly to all the accused persons---It was a fact that except the petitioner, rest of the accused were acquitted of the charge by the High Court and one of them by the Trial Court on the same set of evidence---Complainant has ascribed injuries jointly to all the accused and did not single out the petitioner---Under such circumstances, it would not be safe to hold him alone responsible for causing death of the deceased---Role of the petitioner was similar to that of the other co-accused, therefore, he was also entitled for equal treatment, hence, deserved the benefit of doubt---There were also a number of flaws and contradictions in the statements of witnesses, which created doubts in the prosecution story---Petition for leave to appeal was converted into and appeal and allowed, and the conviction and sentence awarded to the petitioner was set-aside.

MUHAMMAD NAWAZ vs State S — 2024 SCMR 1731 SUPREME-COURT

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