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

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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---Presence of the complainant at the place of occurrence was doubtful---Scope---Accused was charged that he along with co-accused perpetrated a murderous assault on the complainant and his relatives, due to which two relatives of the complainant were hit and died---Complainant deposed that deceased complained to his brother that boys from the complainant party fought with him, which, according to the prosecution, infuriated the accused, who then attacked the complainant party and caused death of two persons, with co-accused also falling victim to the firing that ensued---High Court observed that the narrative begged the question that when victim himself had died and his brother was an accused in the case, who then informed the complainant about the complaint allegedly made by victim of accused---Complainant failed to disclose the source of his knowledge of the supposed altercation when cross-examined in that regard---Complainant deposed that five persons arrived at the place of incident on two motorcycles and attacked the complainant party but both the witnesses deposed that only three persons came to the spot on one motorcycle and perpetrated an attack---Complainant deposed that accused fired at him with his Kalashnikov, with the bullet missing him while passing through his clothes so as to leave a hole and burnt the rear of his kamiz, then went on to victim, but the kamiz was not handed over to the police, which made the version doubtful---Complainant remained safe while his close relatives received serious injuries in front of him, and he did not try to save them and also did not record his statement or even become a mashir as to the recovery of empties and blood-stained earth when the police arrived at the spot---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.

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

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