ALTAF HUSSAIN vs State Ss — 2025 SCMR 1427 SUPREME-COURT

Case information

Citation: 2025 SCMR 1427 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: ALTAF HUSSAIN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 13---Q; Pakistan Arms Ordinance (XX of 1965)

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

ALTAF HUSSAIN VS State Ss. 302(b), 324, 148 & 149---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, possessing illicit weapon---Reappraisal of evidence---Related witnesses, evidence of---Reliance---Accused were charged for committing murder of the brother of complainant and causing firearm injuries to injured witness---Admittedly, the complainant and injured were real brothers of the deceased but their mere relationship with the deceased was not a sufficient ground for discarding their testimony, especially in the absence of any established animus or motive for false implication---Substitution of the actual perpetrator in place of an innocent individual particularly where close relatives are killed in the presence of family members is an improbable proposition and found consistent affirmation in the jurisprudence of the Supreme Court---In the absence of any mala fide intent or ulterior motive to falsely implicate the appellant, the testimony of the eye-witnesses being confidence inspiring and having remained consistent throughout could not be discredited merely on the basis of their relationship with the deceased---Circumstances established that the prosecution had proved the charge of murder against the accused---As regards the injury caused to injured, the specific role of firing at injured was attributed to the absconding co-accused---Therefore, the conviction of the accused under Section 324, P.P.C., was not sustainable in law, thus was set-aside---Appeal was partly allowed.

Other judgments reported in 2025 SCMR

2025 SCMR 1591 SUPREME-COURTMUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Absconsion of accused---Not participating in funeral of wife---Ac…
2025 SCMR 1591 SUPREME-COURTMUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Promptly lodgment of FIR---Accused was alleged to have committed…
2025 SCMR 1742 SUPREME-COURTMUHAMMAD RAMZAN VS State Ss. 302(b) & 398---Qatl-i-amd, attempting to commit robbery or dacoity, when the offender is armed with a deadly we…
2025 SCMR 1730 SUPREME-COURTFARMAN ALI VS State Benefit of doubt---Principle---Prosecution is bound to prove its case beyond the shadow of any slightest doubt and the b…
2025 SCMR 1580 SUPREME-COURTMUHAMMAD BILAL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Medical evidence not supporting the ocular account---Accused was…
2025 SCMR 1558 SUPREME-COURTOBAIDULLAH VS State Circumstantial evidence---Scope---In case of circumstantial evidence, every circumstance should be linked with each othe…

Back to the case-law library · Search Pakistani case law in Urdu or English