IMRAN vs STATE — 2026 SCMR 47 SUPREME-COURT

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IMRAN VS STATE. Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Medical evidence---Joint role of causing firearm injuries---Benefit of doubt. Petitioner-accused was charged that he along with his co-accused committed murder of the brother of complainant. Record showed that a joint role of making fire shots was assigned to the petitioner and his co-accused. No specific injury on the body of the deceased was attributed to the petitioner. As per postmortem report, there were eight (08) entry wounds and eight (08) exit wounds on the body of the deceased. All entry wounds on the body of the deceased were of the same size i.e., 1/4 x 1/4 inches, which fact indicated that one firearm was used in the occurrence and the occurrence was committed by one person. No specific injury was attributed to the petitioner and a joint role of causing firearm injuries was assigned to the petitioner and co-accused. Held: In such circumstances, it was not determinable as to whether the injuries found on the body of the deceased were caused by the petitioner or his co-accused. The absence of specific attribution of injury to the petitioner created serious doubt in the prosecution case. Where prosecution evidence does not establish the specific role of an accused in causing injuries and the possibility of another person being responsible cannot be ruled out, the accused is entitled to benefit of doubt. The prosecution failed to prove the case against the petitioner beyond the shadow of doubt. Circumstances established that the petitioner was entitled to acquittal. Appeal against conviction was allowed, in circumstances.

IMRAN vs STATE — 2026 SCMR 47 SUPREME-COURT

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