Nasrullah alias Nasro v. State (2017 SCMR 724)

The mere fact that an alleged crime took place in the accused’s premises is not sufficient to establish culpability.

The accused was convicted and sentenced to death under PPC 302(b) for the murder of his wife. This sentence was upheld by the High Court of Balochistan. The Supreme Court considering the statement of the complainant, who brought the deceased to the hospital, took a skeptical view of the fact that the complainant did not mention two other eyewitnesses to the crime, who were allegedly present at the victim’s residence at the time of the incident. The Court noted that the purported eyewitnesses did not help the deceased, despite having seen her in an injurious state. Furthermore, no reasons were presented by the eyewitnesses to justify their presence at the residence and the medical reports further contradicted their statements. In light of these inconsistencies, the Court held that the prosecution had not established the accused’s involvement in the crime beyond a reasonable doubt, and that the mere fact that the victim had died at their joint residence was insufficient to establish the accused’s culpability. The accused was acquitted.