2024 SCMR 1224
Ocular account presented by witnesses not proved --- Unnatural conduct of witnesses -- According to the version of prosecution witnesses they along with the deceased came out in the street from a Haveli , belonging to the deceased , and were proceeding towards horse stable of deceased when they were fired upon in the street by the petitioner ( accused ) --- Site map produced by the prosecution at the trial did not mention the point / place where the horse stable of deceased was situated nor it mentioned the distance between the Haveli of deceased and his stable --- Site map did not mention about the Haveli of deceased --- In the site map Haveli of person " MA " had been shown in occupation of deceased --- Neither the prosecution witnesses had stated that deceased was residing in Haveli of " MA " nor the prosecution had produced " MA " at the trial to prove that deceased was residing in his Haveli and if so , in what capacity --- From the testimony of prosecution witnesses and contents of the post mortem regarding time of death of deceased persons , it was clear that the first deceased remained lying injured at the place of occurrence for half an hour and the second deceased remained lying injured at the place of occurrence for one hour but prosecution witnesses , claiming to be the eye - witnesses , made no efforts to immediately shift both the injured to hospital --- Had prosecution witnesses been present at the place of occurrence with the deceased , being close relatives of one of the deceased , they would have immediately taken both the injured to the hospital to save their lives --- Unnatural conduct of prosecution witnesses created serious doubts about their presence at the place of occurrence with the deceased --- Prosecution witnesses had not explained as to how they escaped firearm injuries despite indiscriminate firing by five accused persons from a close range --- Said aspect also created doubt about presence of the alleged witnesses at the place of occurrence - It was not believable that by killing a person in presence of his close relatives , the petitioner ( accused ) would not attempt to cause any injury to the prosecution witnesses leaving them for giving evidence against him --- Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt --- Petition was converted into appeal and allowed , and petitioner was acquitted of the charge under section 302 ( b ) , P.P.C.
Crl.P.L.A.194/2024
Abdul Hameed v. The State thr. P.G. Sindh and another
2024 SCMR 1224
Qatl - i - amd --- Reappraisal of evidence --- Crime empties , recovery of --- Infirmities in the site , plan --- In the site map it had been mentioned that seven crime empties were recovered from point ' I ' of the place of occurrence but the site map did not mention any point ' I' Admittedly no crime empty was recovered from near point ' E ' i.e. wherefrom the petitioner ( accused ) had allegedly fired upon the deceased --- According to the version of the prosecution witnesses and site map , the seven crime empties should have been recovered from six different places / points from the place of occurrence but surprisingly the prosecution witnesses had mentioned about recovery of seven crime empties from one place i.e. point ' I ' ( which had not been mentioned in the site plan ) --- Prosecution witnesses including Investigating Officer had not furnished any explanation in such regard --- In his report , the firearm expert of Punjab Forensic Science Agency had identified two crime empties having been fired from 222 caliber rifle --- About the third crime empty , the firearm expert had not given any definite opinion --- Remaining three crime empties had been held not suitable for comparison by the firearm expert --- Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt --- Petition was converted into appeal and allowed , and petitioner was acquitted of the charge under section 302 ( b ) , P.P.C.
Crl.P.L.A.194/2024
Abdul Hameed v. The State thr. P.G. Sindh and another
2024 SCMR 1224
Medical evidence-----Nature of injuries --- Postmortem report in conflict with prosecution version --- Prosecution witnesses had failed to furnish any explanation as to if the deceased was fired upon by a rifle of 222 bore from a distance of 5.5 feet , how his entrance wound was surrounded by blackened and burnt area --- Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt --- Petition was converted into appeal and allowed , and petitioner was acquitted of the charge under section 302 ( b ) , P.P.C.
Crl.P.L.A.194/2024
Abdul Hameed v. The State thr. P.G. Sindh and another
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