11/07/2026
2025 SCMR 1633
سپریم کورٹ نے قتل کے مقدمہ میں یہ قرار دیتے ہوئے کہ استغاثہ اپنا کیس ثابت کرنے میں ناکام رہا ہے اپیل منظور کرتے ہوئے نہ صرف اپیلانٹ کو بری کردیا بلکہ اسی مقدمہ کے مفرور اشتہاری ملزم کو بھی بری کر نے کا حکم صادر کیا اور قرار دیا کہ مفرور اشتہاری ملزم کے خلاف کارروائی محض وقت کا ضیاع ہوگا
Accused were charged for committing murder of the brother of complainant by firing---As per record, one co-accused was a proclaimed offender---According to the prosecution evidence brought on the record, on the day of occurrence, the said co-accused since P.O along with co-accused since acquitted came outside the shop of the complainant along with appellant and co-convict and they both remained present outside the said shop and raised a proverbial lalkara that the complainant party should not be spared alive---Co-accused since acquitted, who was attributed a similar role along with co-accused since P.O, had already been acquitted by the Trial Court, therefore, no useful purpose shall be served by the arrest of co-accused since P.O and putting him to trial by the Trial Court because ultimately he had to be acquitted by the Trial Court in the light of observations made by the trial Court in respect of the case of co-accused since acquitted, as well as in the light of findings recorded by the Supreme Court in the instant judgment---Further Court proceedings in the case of co-accused since P.O shall be a futile exercise and the same shall amount to sheer abuse of process of the Court and the law---Thus, co-accused since P.O was acquitted by extending benefit of doubt.
GHULAM MUSTAFA vs State
