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

Case information

Citation
2024 SCMR 1773 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI 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

ZAFAR ALI ABBASI VS ZAFAR ALI ABBASI S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Unnatural conduct of complainant and eye-witness---Admittedly, the appellant (accused) was alone, whereas, the complainant, witness and the deceased were three in numbers---Taking the words of the complainant that he and the eye-witness were 20 paces away from the appellant, they could have easily reached the appellant and overpowered him within few seconds, but no attempt was made by them to avert the attack---It was hard to believe that life of the brother and uncle of complainant and eye-witness respectively, was in danger, but they did not react immediately---Had the complainant and the eye-witness been present at the time and place of the occurrence, the appellant could have been apprehended before causing any dagger injuries to the deceased---Despite the fact that the complainant and his companion were 20 paces away from the appellant, they did not make any attempt to catch hold of him, even after he caused dagger injuries to the deceased---Prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal was allowed, and appellant was acquitted of the charges.

Other judgments reported in 2024 SCMR

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