ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI S — 2024 SCMR 1773 SUPREME-COURT

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ZAFAR ALI ABBASI VS ZAFAR ALI ABBASI S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Presence of complainant and eye-witness at the time and place of occurrence doubtful---Witnesses alleged that after the occurrence, they boarded the injured in their jeep to take him to a hospital for treatment and on the way, the injured was shifted into the van of the rescue service for taking him to THQ Hospital---Natural reaction of the complainant (brother of deceased) ought to have been to reach the hospital immediately in order to save the life of the injured, but the needful was not done---There was no justification in shifting the injured from the jeep to the rescue van---To substantiate the contention of the complainant, the statements of the driver of the rescue van was of utmost importance, but the Investigating Officer did not record statement of any of the members of the van---Besides, for the sake of arguments, if it was believed that the complainant and eye-witness boarded the injured in the jeep, then the jeep and clothes of the complainant and the witness must have been stained with blood---Admittedly, no blood was collected from the jeep nor the blood stained clothes of the witnesses were taken into possession by the Investigation Officer ('IO') and no explanation in this behalf had been advanced by the prosecution---Stance of the complainant and the eye-witness was not only improbable, but also got no support from the record---Prosecution had failed to prove the presence of the complainant and the eye-witness at the time and place of the occurrence---Prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal was allowed, and appellant was acquitted of the charges.

ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI S — 2024 SCMR 1773 SUPREME-COURT

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