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---Sentence, quantum of---Mitigating circumstances---Scope. Accused were charged for committing murder of brother of complainant. As per record, High Court had already commuted death sentence awarded to petitioners-convicts "R" and "A" on the ground that no role of firing was attributed to them. In contrast, petitioner-convict "F" was specifically assigned role of firing effective shot upon deceased, which resulted in his unnatural death. Prosecution successfully proved such fact through cogent, confidence inspiring and reliable direct evidence corroborated by circumstantial evidence and supported by medical evidence. It was an undisputed fact that petitioner-convict "F" fired a single shot at deceased and did not repeat firing despite deceased being at his mercy. Such aspect, along with certain discrepancies and inconsistencies in prosecution case, particularly minor procedural flaws in confessional statements of petitioners-convicts, although not sufficient to warrant acquittal of petitioner-convict "F", could reasonably be treated as mitigating circumstances for determining appropriate quantum of sentence. Minor inconsistencies in prosecution evidence may create doubt regarding prosecution version but do not necessarily qualify for acquittal. Such inconsistencies may dilute prosecution case but do not completely negate it. In such circumstances, conviction of petitioner-convict "F" was maintained, however, his 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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