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

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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---Contradictions in the statements of witnesses--- accused were charged for attempting to take away the cattle upon which brother of complainant made resistance; thereafter he was murdered by the accused persons through firing---Complainant stated that they had informed the police about the occurrence at 01:15 p.m. on 01.2.2014 regarding the occurrence that took place at 08:00 a.m., when they had brought the dead body at the Police Station 20-Miles, whereas other witness stated that after that incident, they had brought the dead body on one cot towards their village and then from there they shifted the dead body in one Datsun at about 12:45 or 01:00 p.m.; they left their village along with the dead body and went towards the police station---Said witness stated that he along with complainant, one other person and police had brought the dead body from their village to the police station---after this incident police came in their village and from there police had accompanied them when they went to the police station---about two/three Police Officials came there and complainant had obtained letter for post-mortem from police station---Whereas complainant was silent regarding the shifting of dead body from place of occurrence to the village rather stated that from 12:00 to 12:30 p.m., he had arranged the Datsun from village; he along with driver came at the place of incident in Datsun and they went to the police station---Station House Officer and Incharge Investigation came across them and the dead body was referred to the hospital for post-mortem examination---When they went to the police station at that time he had narrated whole story to the said Officers and had also given them the names of all the accused---Both the said witnesses were at variance even regarding the shifting of dead body of the deceased from the place of occurrence---appeal against conviction was allowed, in circumstances.

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

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