MUHAMMAD JAHANGIR vs State S — 2024 SCMR 1741 SUPREME-COURT

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MUHAMMAD JAHANGIR VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Belateldy lodged FIR---Presence of eye-witnesses at scene of occurrence doubtful---Motive not proved---First Information Report was lodged after an unexplainable delay of 3 hours despite the fact that the distance of the police station from the place of occurrence was 5 km---Complainant had a bike that he used to go to the police station, but despite this the delay in lodging the FIR was not plausibly explained by the prosecution---Prosecution witnesses were unable to provide a justification for their overnight stay at their deceased sister's house---They were posed specific questions regarding their purpose of stay and whether there was any family function---However, no plausible justification was given by them in this regard, which made their presence at the spot highly doubtful---Material facts relating to the place of occurrence were also missing in the FIR and were added through a supplementary statement---It showed that prosecution witnesses improved their version later on---It was hard to believe that sole accused could succeed in fleeing away in front of three persons and that too in cotton crops having 3/4 feet height---As far as motive was concerned, the Trial Court through its judgment had conceded that the prosecution had failed to prove the motive in the case at hand---As far as recovery of the deceased's ear-rings was concerned, it was not proved by the prosecution during the trial, and the Trial Court disbelieved it---Injuries on the deceased's ear were not mentioned by the witnesses---There were major contradictions in the prosecution's case that were overlooked by the courts below---Prosecution had failed to prove its case beyond any reasonable doubt---Consequently jail petition was converted into an appeal and was allowed,the impugned judgment was set aside, and the petitioner was acquitted of the charge.

MUHAMMAD JAHANGIR vs State S — 2024 SCMR 1741 SUPREME-COURT

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