Talib vs State Ss — 2026 YLR 640 FEDERAL-SHARIAT-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Talib VS State Ss. 302(b), 396, 337-H(2), 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, dacoity with murder, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapons, unlawful assembly, harabbah---appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Contradiction---accused were charged for taken the cattle attempting to take away upon which brother of complainant made resistance, thereafter he was murdered by the accused persons through firing---Record showed that the ocular account advanced by eye-witnesses became directly in conflict with the medical evidence---Medical Officer stated that as per his opinion the deceased had sustained fire arm injuries from one and same weapon, in standing position---as per his expert opinion all the injuries were received from the front side, from a distance of ten feet---During the cross-examination eye-witness stated that accused "B" along with others were standing in front of deceased, while the appellant was standing behind him; "I" was standing on his right side and the accused made firing from the points, where they were standing around him---Said witness had assigned the injuries to "M" from behind the deceased---There was no injury from the back side on the person of the deceased and the Medical Officer had categorically stated that all the injuries were caused from the front side---Similarly, in cross-examination the complainant stated that all the accused had surrounded the deceased, when they committed his murder---Said witness also stated that he and the witnesses were also surrounded by the accused---admittedly, none of the witness was injured nor got their apparels stained with blood of the deceased---Claim of the witnesses of ocular account that all the five accused armed with Kalashnikovs, SBBL gun, 12-bore guns and G-3 rifle fired upon the deceased with their respective weapons was not found corroborated through medical evidence, rather was contradictory on record and the Medical Officer refuted their claim while stating that all the injuries were caused with one and the same weapon---appeal against conviction was allowed, in circumstances.

Talib vs State Ss — 2026 YLR 640 FEDERAL-SHARIAT-COURT

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