Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mst. MIR ZALAI VS Respondent: GHAZI KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Asif Saeed Khan Khosa, Gulzar Ahmed, Iqbal Hameed-ur-Rehman Title: Mst. MIR ZALAI vs GHAZI KHAN and others Case No.: Criminal'Appeal No. 375 of 2013 Date of Judgment:2015-11-23 Reported As: PLJ 2020 SC (Cr.C.) 215, 2020 PSC CRI 458, 2020 SCMR 319 Result: Appeal dismissed
JUDGMENT
JUDGMENT ASIF SAEED KHAN KHOSA, J. The facts of this case as well as the evidence produced before the trial court find an elaborate mention in the judgments passed by the courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition. 2. After hearing the learned counsel for the parties and going through the record we have observed that the occurrence .in this case had taken place after dark and no independent proof had been produced by the prosecution regarding availability of electric light at the spot. The circumstances in which the FIR had been lodged in this case were quite suspicious and the eye-witnesses produced by the prosecution before the trial court were admittedly chance witnesses who had failed to establish the stated reason for their presence with the deceased at the relevant time. In order to fill that lacuna the prosecution had relied upon the statement of one Zahid (PW10) but the reason provided by him was not supported by the reason statedly found by the investigating officer during the investigation. Both the eye-witnesses produced by the prosecution had claimed that while handling Afsar Khan deceased their clothes had been smeared with the blood of the deceased but admittedly no such blood-stained clothes of the said eye-witnesses had been secured or produced. In these circumstances the High Court had concluded that the A eye-witnesses produced by the prosecution were not reliable and in all likelihood they had not witnessed the murder in issue. In the above mentioned peculiar circumstances of this case we have not been able to take any legitimate exception to the said conclusion reached by the High Court. This appeal is, therefore, dismissed. The bail bonds and sureties of respondents Nos. 1 and 2 shall stand discharged.