SHABIR KHOSO vs State Ss — 2022 MLD 1482 KARACHI-HIGH-COURT-SINDH

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SHABIR KHOSO VS State Ss.337-a(i), 337-F(i), 337-F(v), 148 & 149---Shajjah-i-khafifah, mutalahimah, shajjah-i-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Contradictions and improvements in the statements of witnesses---Scope---accused were charged for injuring the grandfather of complainant and other persons by inflicting lathi blows---Motive behind the incident was a dispute over a plot---Record showed that all the eyewitnesses/injured gave contradictory evidence and made improvements---Complainant during his examination-in-chief deposed that on the day of incident, they were standing where accused called his sons and brothers and attacked upon them---One of the accused was armed with pistol, while rest of accused were armed with lathies---Other injured did not disclose about the calling by accused---another accused also deposed during his examination-in-chief that all accused came at once at the place of incident and attacked upon them---Complainant stated during his cross-examination that they (all the injured) were brought at police station by their two relatives on Chingchi riksha---Other injured stated during his cross-examination that only three persons/injured went to police station on Chingchi riksha---another injured also stated like other injured in that respect---Said witnesses did not support each other as to who took them towards police station on Chingchi riksha after they received injuries---Complainant during his cross-examination stated that they reached at police station at 9.25 a.m. and hospital at 10.10 a.m.---Other injured stated during his cross-examination that they reached at police station at 9.00 a.m. and at hospital at 9.20 a.m.---another injured stated during his cross-examination that they reached at police station at 9.00 am and at hospital at 9.45 am---Contradictions in the evidence of the eye-witnesses and the improvements made by them during the trial were major in nature which cut the roots of the prosecution case and made it doubtful---Nothing was recovered from the accused and the enmity was also admitted by the complainant---General allegation was levelled against all the ten accused for causing injuries to the complainant and the injured witnesses---No specific injury was attributed to any of them---Conflict in the evidence of the injured witnesses and the Medical Officer on the point of reaching of the injured witnesses at the hospital made the case of prosecution doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances.

SHABIR KHOSO vs State Ss — 2022 MLD 1482 KARACHI-HIGH-COURT-SINDH

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