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
Provisions referred to: S. 161

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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---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---Withholding material evidence---Effect---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---Record showed that at least three people other than the deceased were shown to have received injuries in the incident as per the deposition of the complainant, but were not cited as witnesses nor examined in term of S.161, Cr.P.C.---Nothing on record to show that said injured persons were taken to hospital or treated, such omission on the part of the prosecution raised serious doubt as to the veracity of the incident, as reported---Withholding evidence of said three injured gave rise to a presumption in term of Art. 129(g) of the Qanun-e-Shahadat, 1984 that, if they had been produced, their testimony would have been unfavourable to the prosecution---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

2022 MLD 1664 QUETTA-HIGH-COURT-BALOCHISTANSUI SOUTHERN GAS COMPANY LTD., REGIONAL OFFICE VS MUHAMMAD RAHIM When a law requires anything to be done in a particular manner, it should b…
2022 MLD 584 LAHORE-HIGH-COURT-LAHOREABDULLAH KHAN VS State R.6---Report of result of test or analysis---Mandatory provision---Scope---Rule 6 of Control of Narcotic Substances (…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTANSyed GULISTAN VS GULAB KHAN Evidence beyond pleadings---Scope---Where the party has not alleged any ground in pleadings, subsequent evidence…
2022 MLD 1612 PESHAWAR-HIGH-COURTSULEMAN VS State Benefit of doubt---Principle---If a single circumstance created reasonable doubt in a prudent mind about the apprehension o…
2022 MLD 663 LAHORE-HIGH-COURT-LAHOREIMTIAZ AHMAD VS State Witness---Statement of injured witness, reliance upon---Scope---Injuries on the person of a witness may established hi…
2022 MLD 1195 LAHORE-HIGH-COURT-LAHORELIAQAT ALI VS DISTRICT COLLECTOR, GUJRAT S.3---Intra court Appeal before High Court----Scope---Original Order---Scope---Application before H…

Back to the case-law library · Search Pakistani case law in Urdu or English