IFTIKHAR AHMED alias Papu vs State — 2026 SCMR 1010 SUPREME-COURT

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IFTIKHAR AHMED alias Papu VS State. Ss. 302(b), 324, 337-F(iii), 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, abetment, rioting armed with deadly weapons, unlawful assembly---Reappraisal of evidence---Medical evidence---Non-appearance of Medical Officer as witness---Inconsequential---Accused-appellants were charged for committing murder of the son of complainant and causing firearm injuries to the complainant---Medical Officer, who medically examined co-accused since acquitted and issued his Medico Legal Report, did not appear in the witness box but it was noteworthy that sustaining of injury by co-accused since acquitted had been admitted by the complainant himself in the contents of the FIR and the said fact was also admitted by prosecution witnesses---Likewise, the sustaining of injuries by appellant and co-accused since acquitted, had been admitted by the Investigating Officer---As the injuries on the bodies of the said members of the accused party were admitted by the prosecution witnesses, therefore, the admitted facts need not to be proved, hence non-appearance of the Medical Officer in the witness box was not fatal to the appellant''s case---Standard of proof required to establish a defence plea was lighter as compared to the prosecution because the prosecution had to prove its case beyond the shadow of any doubt, whereas the accused only had to create a reasonable doubt in the prosecution case through some attending circumstance(s) or some tangible evidence---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of doubt---Appeal against conviction was allowed, accordingly.

IFTIKHAR AHMED alias Papu vs State — 2026 SCMR 1010 SUPREME-COURT

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