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

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GHULAM MUSTAFA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt extended to co-convict---Scope---Accused were charged for committing murder of the brother of complainant by firing---As per record, it had already been concluded that the facts and circumstances of the case showed that the prosecution eye-witnesses were not present at the spot at the relevant time and there were glaring contradictions in the statements of the prosecution eye-witnesses, hence their evidence was highly doubtful and unreliable---Prosecution had failed to prove the alleged motive---After coming to that conclusion, the conviction and sentence awarded to co-convict could not be allowed to remain in the field, merely on the basis of a technical ground that he had not filed any appeal before the Supreme Court against the judgment of the High Court---Though, co-convict had not filed any appeal against the impugned judgment of the High Court but it would not be just and fair for the Supreme Court to deny the benefit of doubt to co-convict, which benefit had been extended to appellant, when the case of the appellant and the co-convict was not distinguishable rather the case of the co-convict was at better footings, as compared to the case of appellant---Co-convict was not attributed any motive---No weapon was recovered from historical possession and the prosecution eye-witnesses did not assign him any role of firing at deceased or causing injuries to him---Under the circumstances, the conviction and sentence of co-convict could not be allowed to remain in the field, merely on the basis of that technicality that he had not filed any appeal before the Supreme Court against his conviction and sentence---Co-convict was acquitted, in circumstances.

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

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