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

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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---Co-accused acquitted---Case of accused distinct from acquitted co-accused---Accused were charged for committing murder of the brother of complainant and causing firearm injuries to injured witness---Allegedly, co-accused, who was charged with causing a firearm injury to the deceased on the left upper arm, had been acquitted by a Court of competent jurisdiction and his acquittal had attained finality, therefore, the conviction and sentence of the appellant based on the same set of evidence was contrary to the settled principles of appreciation of evidence---Appellant was specifically assigned the role of having fired with a Kalashnikov, as a result of which the deceased sustained multiple injuries on various parts of his body and fell to the ground---Conversely, co-accused was assigned role of single fire shot which hit the deceased on his left arm---However, neither any crime empty of a 30 bore pistol was recovered from the spot nor was any such pistol recovered from the possession or on the pointation of co-accused---Acquittal of co-accused was not based on discrediting the ocular account of the prosecution witnesses as was manifest from the impugned judgment of the High Court---High Court in the impugned judgment had observed that co-accused was independently tried and the Trial Court observed that in the absence of recovery of any empty of 30 bore from the spot, the injury on the left arm of the deceased could not be conclusively attributed to the co-accused and might plausibly have been caused as a result of firing attributed to the appellant---Thus, the acquittal of the co-accused did not in any way undermine the prosecution's case against the appellant, whose role was categorically established through cogent and reliable evidence---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.

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

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