FATEH KHAN vs State Ss — 2025 SCMR 1408 SUPREME-COURT

Case information

Citation: 2025 SCMR 1408 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: FATEH KHAN 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

FATEH KHAN VS State Ss. 302, 324, 404, 427, 337-a(i), 337-F(i), 337-F(iii), 337-F(v), 148 & 149---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, mischief causing damage to the amount of fifty rupees, shajjah-i-khafifah, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimah, ghayr-jaifah-hashimah, rioting armed with deadly weapons, unlawful assembly---Re-appraisal of evidence---Material witnesses not presented for evidence---adverse presumption---accused were charged for committing murder of four persons of the complainant party and causing injuries to the three persons---at the trial, the prosecution did not produce the injured driver of vehicle, the injured sitting on the front seat of another vehicle; the injured witnesses sitting on the rear seat of one of the vehicles; the injured driver of a third vehicle; and the minor and other injured sitting in the back of one of the vehicles---an adverse inference was drawn under article 129(g) of the Qanun-e-Shahadat, 1984, to the effect that had the said witnesses been produced by the prosecution at the trial, they would have not supported the version of the prosecution---appeal against conviction was allowed, in circumstances.

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