FIAZ ALIAS MANSHA vs State — 2026 SCMR 413 SUPREME-COURT

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FIAZ ALIAS MANSHA VS State. Sections 302(b) & 34, Pakistan Penal Code, 1860---Anti-Terrorism Act (XXVII of 1997), Section 7---Qatl-i-amd, common intention, act of terrorism---Reappraisal of evidence---Ocular account supported by medical evidence---Scope. Accused were charged for committing murder of brother of complainant. Complainant, brother and widow of deceased furnished ocular account of occurrence, whereas domestic servant of deceased's house furnished account relating to escape of assailants from crime scene. Complainant in initial report/FIR provided detailed description and physical features of each of three assailants. Neither complainant in FIR nor widow of deceased in statement recorded under Section 161, Cr.P.C. named petitioners-convicts, but such omission demonstrated bona fide conduct as witnesses were not interested in falsely implicating anyone without proper identification and verification. Had there been motive, ill-will or animosity against petitioners-convicts, witnesses could have nominated them at first instance. Complainant and widow of deceased provided truthful and straightforward account of occurrence, assigning specific roles to each accused. Presence of widow of deceased inside house was natural. Similarly, visit of complainant to house of his deceased brother was also natural because both houses were adjacent and such visits were routine among family members. Medical evidence provided by Medical Officer who conducted post-mortem examination fully supported ocular account. Single firearm entry wound was specifically attributed to petitioner-convict "F" by eyewitnesses during identification parade and in their testimony. Effective fire shot causing death was also admitted by petitioner "F" in his confessional statement and role was assigned to him by co-convicts in their confessional statements. Medical evidence reinforced ocular account and voluntary judicial confession. Conviction of petitioner-convict "F" was maintained, however, death sentence was commuted to imprisonment for life. Conviction and sentence of remaining petitioners-convicts did not warrant interference. Petition was converted into appeal and partly allowed.

FIAZ ALIAS MANSHA vs State — 2026 SCMR 413 SUPREME-COURT

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