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

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FATEH KHAN VS State Ss. 302, 324, 404, 427, 337-a(i), 337-F(i), 337-F(iii), 337-F(v), 148 & 149---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---Contradictions and improvements in the statements of witnesses---accused were charged for committing murder of four persons of the complainant party and causing injuries to the three persons---according to statement of a witness, he was driving the vehicle at the time of occurrence and during the occurrence, despite heavy firing, he did not bend his head downwards to save himself---Non receiving of any firearm injury by said witness in the occurrence and his mentioning the whole episode of firing by the nominated accused on the deceased with specific firearms created serious doubt about his presence in the vehicle at the time of occurrence---Plantation of said witness as an eye-witness by the complainant with the connivance of Investigating Officer as an afterthought to strengthen the prosecution version could not be ruled out of consideration---Record further revealed that the complainant and the witnesses made dishonest improvements in their statements recorded at the trial---Statements of said witnesses recorded at the trial were also suffering from material contradictions and same were also in conflict with the medico legal evidence---Statements of the complainant and prosecution witnesses were also lacking independent corroboration in material aspects---appeal against conviction was allowed, in circumstances.

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

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