AMIR SHAHZAD vs State Ss — 2025 SCMR 1542 SUPREME-COURT

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AMIR SHAHZAD VS State Ss. 302(b) & 337-F(i)---Qatl-i-amd, ghayr-jaifah-damiyah---Re-appraisal of evidence---Contradictions in the statement of witnesses---Accused was alleged to have committed murder of father of complainant and also caused injuries to complainant by inflicting spade blows---Trial Court convicted the accused and sentenced him to death---On appeal the High Court converted the death penalty into imprisonment for life---Validity---Deposition of a witness suggested that the spade was recovered from the eastern room of the residential house lying underneath the heap of woods, which contradicted the averments made by the complainant in the FIR wherein it had been mentioned that the accused after inflicting spade blows on the complainant as well as on his deceased father threw away the same and then fled away---Deposition of the complainant also suggested that the accused threw the spade at the spot and then ran away---Said aspect also disproved/belied the prosecution story of recovering of the spade from the residential house of the accused---There was also another marked contradiction in his deposition as at one place complainant mentioned that the said spade, before it was stolen, was lying inside the Haveli whereas in the FIR he mentioned that the spade was lying near his Haveli---In case of doubt in recovery of weapon, the benefit of it has to be given to the accused---Deposition of another witness also depicted contradictions as at one place he mentioned that the deceased was a weak person whereas, according to the complainant, his father was neither weak nor was of an advanced age---Circumstances established that the case was shrouded with doubts and contradictions---Appeal against conviction was allowed, accordingly.

AMIR SHAHZAD vs State Ss — 2025 SCMR 1542 SUPREME-COURT

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