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OBAIDULLAH vs State Ss — 2025 SCMR 1558 SUPREME-COURT

Case information

Citation
2025 SCMR 1558 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
OBAIDULLAH 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

OBAIDULLAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt---Dealy of 11-days in lodging the FIR---Accused was charged for committing murder of the nephew of complainant---Accused was convicted by trial Court for qatl-i-amd and was sentenced to imprisonment for life---High Court maintained conviction and sentence awarded to accused---Validity---First Information Report was lodged against co-accused (since acquitted) whereas petitioners were not nominated therein---Furthermore, deceased was missing from his house since 11.06.2018 but the FIR was lodged on 22.06.2018, i.e. with the delay of 11 days from the alleged occurrence---No motive, whatsoever, was alleged in the FIR that as to why the co-accused (since acquitted) and his unknown companions had abducted deceased and committed his murder---Both the petitioners were later on implicated in this case on the alleged disclosure of co-accused (since acquitted) before the Investigating Officer wherein it was stated by the said co-accused that the petitioners had committed the murder of deceased---Circumstances established that the prosecution had failed to prove its case against the petitioners beyond the shadow of doubt---Appeals were allowed accordingly.

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