ABDUL HAYEE and ABDULLAH alias GHAZALI vs State Ss — 2025 SCMR 281 SUPREME-COURT

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ABDUL HAYEE and ABDULLAH alias GHAZALI VS State Ss. 302(b), 148, 149, 412 & 440---anti-Terrorism act (XXVII of 1997), S. 7(a)---Explosive Substances act (VI of 1908), S. 3---Carrying out a bomb blast at a police check post---Reappraisal of evidence---Chance witnesses---Doubtful testimony---Unnatural conduct of chance witnesses---Name of any witness who had seen the occurrence was not mentioned in the contents of the FIR---Likewise, it was not stated therein that how many accused participated in the occurrence and what were their descriptions---However, according to the prosecution case on the same day two witnesses appeared before the Police and claimed that they had witnessed the occurrence---Names of both the said eye-witnesses were not mentioned in the FIR---Conduct of the said eye-witnesses was highly unnatural because according to their statements they had witnessed the occurrence of a shocking, brutal and heinous offence of the murders of 08 innocent police employees through firing and bomb blast but they stated that instead of reporting the matter to the police they went to another city to purchase a buffalo---Both the alleged eyewitnesses were not residents of the area where the occurrence took place, as such, they were chance witnesses---Reason given by the chance witnesses for their presence at the spot at the time of occurrence had not been established plausibly, and the story of their presence at the spot was subsequently concocted to strengthen the weak prosecution case of an unseen occurrence---It was not safe to rely upon evidence of such alleged chance witnesses---Prosecution was not able to prove its case against the petitioners (accused persons) beyond the shadow of doubt, therefore, petitions were converted into appeals and allowed, the impugned judgment was set aside and the petitioners were acquitted of all the charges while extending them the benefit of doubt.

ABDUL HAYEE and ABDULLAH alias GHAZALI vs State Ss — 2025 SCMR 281 SUPREME-COURT

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