TARIQUE ALI vs State Ss — 2022 PCrLJ 1059 KARACHI-HIGH-COURT-SINDH

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TARIQUE ALI VS State Ss. 302, 338-B, 337-H(2), 386, 114 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rash and negligent act, abeter present at the time of crime, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Ocular account---Scope---accused was charged that he made firing upon the pregnant wife of complainant, due to which she died and her baby in the womb also died---Record showed that the complainant who was husband of the deceased had changed his entire version given by him in the FIR at the time of recoding his evidence---Complainant had completely exonerated the accused---In the FIR, complainant had shown himself as an eye-witness, while during his examination-in-chief he deposed that he was informed through phone that his wife sustained firearm injury, he rushed to hospital where he came to know that his wife had already died---Complainant further deposed that he thereafter took the dead body and buried---Complainant had deposed that he was called by DSP on next day and in the office his thumb impression was obtained on the FIR and the contents of FIR were not read over to him---Complainant was declared hostile on the request of aPG for the State and he negated all the suggestions made by aPG---Prosecution examined two more eye-witnesses who were shown in the FIR as eye-witnesses---Said witnesses also did not support the case of prosecution---Both the witnesses exonerated the accused and not supported their statement recorded under S. 161, Cr.P.C. and under S. 164, Cr.P.C., during the investigation---Said witnesses were also declared hostile on the request of aPG and during the cross-examination both of them denied that their statements under S. 164 were recorded before the Judicial Magistrate---Circumstances established that the prosecution had not been able to prove its case against the accused beyond reasonable doubt--- appeal against conviction was allowed, in circumstances.

TARIQUE ALI vs State Ss — 2022 PCrLJ 1059 KARACHI-HIGH-COURT-SINDH

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