IMRAN vs State Ss — 2026 SCMR 47 SUPREME-COURT

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IMRAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Benefit of doubt---Motive not proved---Petitioner-accused was charged that he along with his co-accused committed murder of the brother of complainant---Motive behind the occurrence was that there was a dispute regarding amount of cement blocks between the deceased and the accused---Motive was jointly alleged against petitioner and co-accused that they had a dispute with deceased regarding an amount of cement blocks---It was not brought on the record as to whether deceased had to pay any amount to the petitioner and his co-accused or the petitioner had to pay any amount to the deceased---It was not stated that who out of the two (02) accused or the deceased was running the business of sale and purchase of cement blocks---Rather complainant admitted during his cross-examination that neither the deceased nor the accused were having any business of blocks---Specific amount, which was the bone of contention between the parties, had also not been brought on the record---Vague and ambiguous motive was alleged by the prosecution witnesses---Petitioner was a minor of the age of 17 years, at the time of occurrence, therefore, it was not expected that he was running the alleged business at such a tender age---Thus, the motive as alleged by the prosecution had not been proved in this case against the petitioner---Circumstances established that the prosecution had failed to prove its case against the petitioner beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances. Absconsion---Scope---When a person is named as a murderer in a case, whether rightly or wrongly, he usually becomes scared and tries to conceal himself in order to avoid possible police torture and detention, therefore, mere abscondence of an accused by itself is not sufficient to maintain his conviction and sentence in absence of other reliable evidence. Medical evidence---Scope---Medical evidence is only supportive evidence, which may confirm the ocular account with regard to receipt of injury, nature of the injury, kind of weapon used in the occurrence but it would not identify the assailant. Benefit of doubt---Principle---If there is a single circumstance, which creates doubt in the prosecution case then the same would be sufficient to acquit the accused.

IMRAN vs State Ss — 2026 SCMR 47 SUPREME-COURT

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