NAFEES-UL-HASSAN vs STATE — 2026 SCMR 262 SUPREME-COURT

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NAFEES-UL-HASSAN VS STATE. Ss. 302(b) & 449---Qatl-i-amd, house trespass---Reappraisal of evidence---Accused-petitioner was charged that he along with his co-accused committed murder of the daughter of complainant by firing---First Information Report was lodged promptly on the same day of the occurrence and without delay at 12:40 p.m., precluding the possibility of deliberation or fabrication---Prosecution's case rested primarily upon the testimony of the eye-witnesses and upon reappraising the ocular and medical evidence, it was found that concurrent conclusion reached by the Courts below that it was the petitioner who had fired at and killed the deceased was correct---Both eye-witnesses were the real parents of the deceased and natural inmates of the house where the occurrence took place---Accused-petitioner had not been able to demonstrate any circumstance rendering their presence at the spot doubtful or contrived and their account of the mode, manner, time and place of the incident was internally consistent, remained substantially unshaken in cross-examination, and was fully supported by the medical evidence with regard to the locale, nature and effect of the firearm injury---Petitioner had been assigned a specific, effective role and no plausible ground had been pointed out by the petitioner through his counsel either for his acquittal in the circumstances of the case or for interference with the impugned order of the High Court---Even if the factors of the alleged motive and the recovery of the pistol were excluded from consideration, the remaining prosecution evidence, namely the straightforward ocular account duly supported by the medical evidence, was sufficient to sustain the petitioner's conviction under Sections 302(b) and 449, P.P.C.---Moreover, the High Court had already viewed the foregoing two aspects with reservation and still maintained the petitioner's conviction while reducing his sentence under Section 302(b), P.P.C., from death to life imprisonment---No material misreading or non-reading of evidence, any contradiction going to the root of the case, or any perversity in the concurrent findings of fact recorded by the Trial Court and the High Court had been pointed out---In such circumstances, no legal or factual infirmity warranting interference with the petitioner's conviction was found, which was accordingly upheld---Petitions being devoid of any merits were dismissed, in circumstances.

NAFEES-UL-HASSAN vs STATE — 2026 SCMR 262 SUPREME-COURT

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