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Petitioner: State through A.G. Khyber Pakhtunkhwa, Peshawar VS Respondent: Sabz Ali Khan
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Mazhar Alam Khan Miankhel Title: State through A.G. Khyber Pakhtunkhwa, Peshawar vs Sabz Ali Khan Case No.: Criminal Petition No.83-P of 2015 Date of Judgment:2021-07-26 Reported As: 2021 SCMR 1525 Result: Leave granted
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Indicted for homicide for committing Qatl-i-Amd of Sher Muhammad, within the precincts of Police Station Changlay , District Bonair , the respondent was convicted under clause (b) of section 302 of the Pakistan Penal Code; 1860 by a learned Additional Sessions Judge vide judgment dated 10.10.2012; he was sentenced to death with a direction to pay compensation to the legal heirs of the deceased; on the coordinate charge of murderous assault on Mushtaq PW, he was sentenced to 7-years' RI with concomitant monetary compensation; the High Court acquitted him from the charges vide impugned judgment dated 06.03.2015, vires whereof, are being assailed on the grounds that there was no occasion for the High Court to take the impugned view inasmuch as the prosecution had successfully driven home charge beyond a shadow of doubt on the A strength of ocular account furnis hed by the witnesses that included an injured with a massive injury . It is next argued that investigative conclusions drawn up pursuant to a prompt recourse to law, inexorably pointed towards respondent's culpability, singularly arrayed in the crime report. According to the learned counsel, reference by the High Court to peripheral issues and stated durations of time are too trivial to override the preponderance of evidence that unambiguously excluded every hypothesis other than respondent's guilt; similarly, according to her, stated lapses on part of the Investigating Officer, being inconsequential, certainly does not cast away prosecution's case, otherwise firmly structured on evidence furnished by the independent witnesses and, thus, the impugned view being artificial warrants interference by the Court in order to avoid miscarriage of justice. Contentions merit consideration; leave is granted to reappraise entire evidence with a view to secure the ends of justice. Send for the respondent through bailable warrants in the sum of Rs.200,000/-, returnable to the Assistant Registrar of this Court at Peshawar. Station House Officer shall execute the warrants within a fortnight.