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GHULAM ALI MAGSI vs State Ss — 2022 MLD 1271 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1271 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
GHULAM ALI MAGSI vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM ALI MAGSI VS State Ss. 302, 324, 506(ii), 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal intimidation, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Recovery of Kalashnikov and non-recovery of lathi---Scope---Accused was charged that he along with his co-accused perpetrated a murderous assault on the complainant and his relatives, due to which two relatives of the complainant were hit and died---Kalashnikov shown to have been recovered at the indication of accused was not functional, therefore no test was performed and there was no report to demonstrate that the empties found at the place of incident were in fact fired from that weapon---One of the victims, who died at the scene of the incident, was said to have been armed with a lathi and had struck a blow to the complainant, but the lathi was not recovered from the place of incident, which also created serious doubt as to the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal being devoid of merit, stand dismissed accordingly.

Other judgments reported in 2022 MLD

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