ABID vs State Ss — 2025 SCMR 1710 SUPREME-COURT

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ABID VS State Ss. 302(b), 404 & 34---Qatl-i-amd, dishonestly misappropriating property possessed by a deceased person at the time of his death, common intention---Reappraisal of evidence---Benefit of doubt---Medical evidence insufficient for conviction---Accused were charged for committing murder of the paternal uncle of the complainant---Appellants stated in their retracted judicial confessions that before the occurrence, sleeping pills were administered to deceased, whereupon he became sleepy and then both the appellants committed his murder---According to the medical evidence brought on the record through Medical Officer, the contents of the stomach of the deceased were obtained through a syringe and the same were sent to the office of Forensic Science Laboratory but perusal of Forensic Science Laboratory Report showed that no drug was detected in the said contents---It was alleged by prosecutor that the retracted judicial confessions of the appellants were corroborated by the recovery of Churri, at the pointing out of appellant, as well as by the recovery of blood stained dupatta and nara (belt), recovered at the pointing out of female appellant and the same was further corroborated by the Forensic Science Laboratory Report, which showed that the said articles were stained with human blood having the same blood group---However, the prosecution had not brought on the record that what was the blood group of deceased, therefore by merely mentioning that the said articles were of the same blood group by itself was not sufficient to connect the appellants with the alleged offence---No proper postmortem examination on the dead-body of the deceased was conducted in this case and the prosecution case was based on external medical examination on the dead-body of the deceased---Circumstances established that the prosecution had failed to prove its case against the appellants beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances.

ABID vs State Ss — 2025 SCMR 1710 SUPREME-COURT

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