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

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KHAIR MUHAMMAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt---Contradictions in the statement of Investigating Officer---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---Investigating Officer stated during cross-examination that in the FIR, a bulb had been mentioned as the source of light and then corrected himself by stating that the light source was a torch---In the same breath, the Investigating Officer sought to explain the apparent contradiction by stating that there was no difference between the two---Investigating Officer then stated that there was a difference between a bulb and a torch but argued that the witnesses were illiterate and did not know the difference between the two---At the very outset, the Investigating Officer's explanation in regards the light source being mentioned as a bulb at one place and a torch at the other, was self-contradictory---Highlighting that contradiction further, eye-witness had mentioned a bulb as the light source, despite having earlier stated before the police that it was a torch---Evidenced by the fact that during cross-examination said witness denied that he mentioned a torch as the light source in his statement to the police but when the record was referred to, it was shown to be otherwise---Said facts constituted yet another doubt in regard the identification of the petitioners---Appeal against conviction was allowed, in circumstances.

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

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