KHAIR MUHAMMAD vs State Ss — 2025 SCMR 1599 SUPREME-COURT

Case information

Citation: 2025 SCMR 1599 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: KHAIR MUHAMMAD 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

KHAIR MUHAMMAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt---Recovery of weapon of offence on the pointation of accused---Inconsequential---Scope---Accused persons were charged for committing murder of the son of complainant by firing---Trial Court convicted the accused persons for qatl-i-amd and sentenced them to imprisonment for life---High Court maintained the conviction and sentence---Validity---Statedly, on 21.12.2015, the petitioner disclosed that on the night of the occurrence before dawn, he had hidden away the weapon of offence, a pistol, in a pile of garbage outside his home and that he could guide the police to its recovery---Recovery witness explained during his cross-examination that the petitioner led him, another recovery witness and Police Officers from the police station to outside petitioner's house---Here, the recovery witness's account begun to vary as he stated firstly that the place of recovery/pile of garbage was outside the petitioner's home, he however stated immediately after that the petitioner entered his home and that the garbage was inside petitioner's home---Again surprisingly, the site-map for the recovery proceeding indicated that the pistol was recovered from outside the petitioner's home---Said contradiction, thus, could not be reconciled, rendering the recovery witness account quite doubtful---Appeal against conviction was allowed, in circumstances.

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