Supreme Court of Pakistan Acquits Accused of Murder Charge on account of Circumstantial Doubt
Islamabad 13-05-2024: In a recent judgment handed down by Mr. Justice Naeem Akhtar Afghan, the Supreme Court of Pakistan acquitted Riasat Ali, son of Shan Ali, of the charge of murdering Asadullah Khan. This ruling comes after a lengthy legal battle stemming from an incident dating back to January 1, 2012, in FIR No.01/2012 registered with Police Station Phalia, District Mandi Bahauddin.
The bench of Supreme Court consisting of Mr. Justice Syed Hasan Azhar Rizvi, Ms. Justice Musarrat Hilali and Mr. Justice Naeem Akhtar Afghan while hearing [Criminal Petition No.708-L of 2018] observed that according to the site map and statements of PW.14 and PW.15, deceased Asadullah Khan had grappled accused Tariq at point ‘D’ (where his dead body was also found lying) while the petitioner Riasat Ali had fired upon deceased Asadullah Khan from point ‘E’. The distance between points ‘D’ and ‘E’ is shown as one karam i.e. 5.5 feet. The postmortem report of deceased Asadullah Khan reveals that he had received one fire shot on the back of his chest near lower end of his left scapula with a lacerated entrance wound (2.2 cm) having inverted margins surrounded by blackened and burnt area with no exit wound. PW.14 and PW.15 have failed to explain as to how deceased Asadullah Khan received firearm injury on the back of his chest near lower end of his left scapula if he had grappled the accused Tariq at point ‘D’ while coming out from his house and being fired upon from point ‘E’ from a distance of 5.5 feet.
The postmortem report of deceased Asadullah Khan mentions about blackened and burnt area of his entrance wound near lower end of his scapula. The distance from which the deceased Asadullah Khan was fired upon was 5.5 feet. According to Modi’s Medical Jurisprudence and Toxicology1 blackening is found, if a firearm like shotgun is discharged from a distance of not more than three feet and a revolver or pistol is discharged within about two feet. The prosecution witnesses have failed to furnish any explanation as to if the deceased Asadullah Khan 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. The unnatural conduct of PW.14 and PW.15 creates serious doubt about their presence at the place of occurrence with the deceased.
The prosecution's case relied heavily on eyewitness testimony and circumstantial evidence. However, upon closer examination, discrepancies emerged regarding the presence of witnesses at the scene of the crime and the timeline of events. Witnesses claimed to have been present during the incident but failed to provide convincing explanations for their actions and observations. Their behavior, including the delay in seeking medical assistance for the victims, raised doubts about their credibility. Analysis of forensic evidence, including firearm residue and crime scene reconstruction, failed to conclusively link Riasat Ali to the murder of Asadullah Khan. Discrepancies in the recovery of crime scene materials further undermined the prosecution's case.
In light of these factors, the Supreme Court concluded that the prosecution had failed to prove Riasat Ali's guilt beyond a reasonable doubt. As a result, the conviction was overturned, and Riasat Ali was acquitted of all charges related to Asadullah Khan's murder.
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