MUHAMMAD RAMZAN vs State S — 2025 SCMR 762 SUPREME-COURT

Case information

Citation: 2025 SCMR 762 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD RAMZAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 103---Q; Criminal Procedure Code (V of 1898)

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

MUHAMMAD RAMZAN VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (g)---Criminal Procedure Code (V of 1898), S.103---Qatl-i-amd---Re-appraisal of evidence---Withholding of evidence---Recovery proceedings---Non-associating private witnesses---Accused was convicted and sentenced to death for committing murder of his wife---Validity---At the trial, prosecution did not produce owner of the house as witness, thus, adverse inference was drawn under Article 129(g) of Qanun-e- Shahadat, 1984 to the effect that had the above witness been produced by the prosecution at the trial, he would not have supported the version of the prosecution---Place of occurrence was surrounded by Abadi but investigating officer did not associate any person for the recovery of dead body---Investigating officer did not prepare recovery memo of dead body of deceased and simply made memo of iron box---No private witness of locality was associated to attest alleged iron box---Due to non-association of any private witness of locality to attest, the recovery memo lacked independent corroboration and the same was disbelieved---Judgments of Courts below were against the principles of appreciation of evidence in criminal dispensation of justice and the law settled by Supreme Court---Supreme Court set aside conviction and sentence awarded to accused and he was acquitted of the charge---Appeal was allowed.

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