AHSIN ALI vs State Ss — 2025 SCMR 1367 SUPREME-COURT

Case information

Citation: 2025 SCMR 1367 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: AHSIN ALI 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

AHSIN ALI VS State Ss. 302(b), 393, 449 & 109---Qatl-i-amd, robbery, house trespass, abetment---Reappraisal of evidence---Petitioners were charged for committing murder of the paternal brother of the complainant by inflicting hatchet blows---Record showed that the role assigned to petitioner "R" alias "J" was merely that of a 'Jappah'---Not even a single witness had stated that petitioner "R" alias "J" inflicted any 'danda' blow on the deceased---No looted money or hens were recovered from his possession---Danda was not recovered on the pointation of the said petitioner rather the same was given to the prosecution side by the complainant himself---Moreover, it did not appeal to a prudent mind that petitioner "R" alias "J" would catch hold of the deceased when his co-accused was inflicting repeated hatchet blows on the body of the deceased because, in that case, there was every possibility to receive a fatal hatchet blow on his own body---Evidently, the role attributed to petitioner "R" alias "J" was that of 'Jappah' only, hence the other factors connecting him to the commission of the offence were obviously lacking---Hence, prosecution had failed to prove its case beyond reasonable doubt against the petitioner "R" alias "J"---Thus, said petitioner was acquitted from the charges levelled against him by extending the benefit of doubt---Petition of "R" alias "J" was converted into appeal and allowed, in circumstances.

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