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 extended to the absconding accused---Scope---Accused were charged for committing murder of the brother of complainant by firing---As per record, one co-accused was a proclaimed offender---According to the prosecution evidence brought on the record, on the day of occurrence, the said co-accused since P.O along with co-accused since acquitted came outside the shop of the complainant along with appellant and co-convict and they both remained present outside the said shop and raised a proverbial lalkara that the complainant party should not be spared alive---Co-accused since acquitted, who was attributed a similar role along with co-accused since P.O, had already been acquitted by the Trial Court, therefore, no useful purpose shall be served by the arrest of co-accused since P.O and putting him to trial by the Trial Court because ultimately he had to be acquitted by the Trial Court in the light of observations made by the trial Court in respect of the case of co-accused since acquitted, as well as in the light of findings recorded by the Supreme Court in the instant judgment---Further Court proceedings in the case of co-accused since P.O shall be a futile exercise and the same shall amount to sheer abuse of process of the Court and the law---Thus, co-accused since P.O was acquitted by extending benefit of doubt.

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2025 SCMR 1730 SUPREME-COURTFARMAN ALI VS State Benefit of doubt---Principle---Prosecution is bound to prove its case beyond the shadow of any slightest doubt and the b…
2025 SCMR 1580 SUPREME-COURTMUHAMMAD BILAL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Medical evidence not supporting the ocular account---Accused was…
2025 SCMR 1558 SUPREME-COURTOBAIDULLAH VS State Circumstantial evidence---Scope---In case of circumstantial evidence, every circumstance should be linked with each othe…

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