KHIZAR HAYAT vs State Ss — 2025 SCMR 1339 SUPREME-COURT

Case information

Citation: 2025 SCMR 1339 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: KHIZAR HAYAT vs State Ss
Subject matter: Criminal

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

KHIZAR HAYAT VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Co-accused acquitted in the same set of evidence---Effect---Ocular account doubtful---Accused were charged for committing murder of the deceased and causing injuries to the injured---Ocular account was furnished by three witnesses---Said witnesses unanimously attributed the injuries on the body of deceased to the appellant and co-accused---Similarly, all the three prosecution witnesses saddled other co-accused with the responsibility of inflicting two injuries with his hatchet on the head and shoulder of injured whereas the remaining accused persons were not ascribed overt act in the commission of the crime---It was not disputed that two co-accused of the appellant were attributed effective role of causing injuries to the deceased and injured had been acquitted of the charge---If the eye-witnesses had been disbelieved against some accused persons attributed effective roles then the same eye-witnesses could not be believed against another accused person attributed a similar role unless such eye-witnesses received independent corroboration qua the other accused person---Circumstances established that the prosecution had failed to prove its case against the appellant beyond reasonable doubt---Appeal against conviction was allowed accordingly, and accused was acquitted of the charge.

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