MUHAMMAD RAMZAN vs State Ss — 2025 SCMR 1742 SUPREME-COURT

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MUHAMMAD RAMZAN VS State Ss. 302(b) & 398---Qatl-i-amd, attempting to commit robbery or dacoity, when the offender is armed with a deadly weapon---Reappraisal of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Petitioners were charged for committing murder of the deceased while attempting to commit robbery---Occurrence was of 28.12.2020 at 10:20 pm---According to the statement of Investigating Officer, on the next day of occurrence, he recovered two empties of .30 pistol from the place of occurrence i.e. shop and he also took into possession a mobile phone with a SIM from the counter of shop, which belonged to the petitioner---Call Data Record (CDR) revealed of telephonic contacts between the petitioner and the convict "Ch"---Surprisingly, witnesses had not mentioned in their statements recorded at the trial about the recovery of the mobile phone of the petitioner from the counter of the shop on 29.12.2020 by Investigating Officer---In contradiction to the statement of Investigating Officer about recovery of the said cell phone from the counter of the shop on 29.12.2020, according to the statement of eyewitness, the said phone was recovered by Investigating Officer in his presence on 28.12.2020---Foisting the recovery of cell phone by Investigating Officer from the counter of the shop on the next day of the occurrence after arrest of the convict "Ch" and the petitioners to create incriminating evidence against them could not be ruled out of consideration---According to Investigating Officer two crime empties were recovered on 29.12.2020 from the shop wherein the occurrence had taken place---Complainant and a witness had not mentioned about recovery of two crime empties by Investigating Officer from the shop on 29.12.2020---While contradicting the statement of Investigating Officer, witness stated that the said crime empties were recovered by Investigating Officer on the same day i.e. 28.12.2020---Circumstances established that the prosecution failed to prove the charge against the petitioners beyond reasonable doubt---Appeal against conviction was allowed, accordingly.

MUHAMMAD RAMZAN vs State Ss — 2025 SCMR 1742 SUPREME-COURT

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