GHULAM MUSTAFA vs State Ss — 2025 SCMR 1633 SUPREME-COURT

Case information

Citation: 2025 SCMR 1633 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: GHULAM MUSTAFA 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

GHULAM MUSTAFA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt---Motive not proved---Accused were charged for committing murder of the brother of complainant by firing---No motive whatsoever was alleged in the contents of the FIR or in the statements of the eye-witnesses recorded before the Trial Court and it was only mentioned therein that earlier appellant extended threats of life to the complainant party and also earlier committed an occurrence in the shop of the complainant party---Not explained by the prosecution that as to why the appellant earlier extended threats of life to the complainant party---No specific date, time or place of earlier threats allegedly given by the appellant to the complainant party was mentioned therein---Likewise, no date or time of the earlier incident, which was allegedly committed by the appellant in the shop of the complainant party was stated in the contents of the FIR or in the statements of witnesses---No FIR or Rapt or any application lodged by the complainant party against the appellant regarding the alleged earlier occurrence was produced in the prosecution evidence---Thus, a vague and ambiguous motive was alleged by the prosecution which could not be proved against the appellant or his co-accused---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of doubt---Appeal against conviction was allowed, accordingly.

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