MUHAMMAD alias Ahmad vs State Ss — 2025 SCMR 2052 SUPREME-COURT

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MUHAMMAD alias Ahmad VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Benefit of doubt---Contradictions in the prosecution version---Appellant was charged that he along with his co-accused committed murder of the brother of the complainant---In the site plan, the appellant was shown at a distance of 20/22 feet from the deceased at the time of firing---Medical Officer observed blackening around firearm entry wounds No. 1 and No.2 on the body of the deceased, which strongly suggested a close-range between the appellant and the deceased---Such blackening was not possible from a distance of over 20 feet, thereby materially contradicting the prosecution's version---Additionally, no exit wounds were observed and three bullets were recovered from the chest cavity of the deceased and handed over to the police by the Medical Officer---Eye-witnesses claimed that the appellant fired upon the deceased with a 12-bore repeater, which ordinarily discharging pellets and not bullets, which was inherently inconsistent with the recovery of intact bullets from the body of the deceased---Said fundamental inconsistency further weakened the veracity of the ocular account---As per the site plan and the testimony of the eye-witnesses, co-accused was standing adjacent to the deceased at the time of firing---In such circumstances, it was highly improbable and unnatural that the appellant, allegedly using a 12-bore weapon, whose pellets dispersed upon discharge, would fire in a manner that did not cause any injury whatsoever to co-accused---Such improbability weakened the prosecution's narrative even further---Appeal against conviction was allowed, in circumstances.

MUHAMMAD alias Ahmad vs State Ss — 2025 SCMR 2052 SUPREME-COURT

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