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MUHAMMAD SAJID alias CHOTA BONA vs State Ss — 2022 PCrLJ 505 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 505 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD SAJID alias CHOTA BONA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q

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

MUHAMMAD SAJID alias CHOTA BONA VS State Ss. 302 & 34---Sindh arms act (V of 2013), S. 23(i)a---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, possession of illegitimate weapon, act of terrorism---appreciation of evidence---Recovery of weapon of offence on the instance of accused---Reliance---Scope---accused were charged for committing murder of the brother of the complainant by firing---Record showed that an unlicensed pistol was recovered from the accused at the time of his arrest in a separate case years later---Said fact did not appeal to logic, commonsense or reason that a person who had committed a brutal murder would keep the murder weapon for nearly seven years---Empties were recovered from the scene of the incident---No evidence showing that where weapons were kept in safe custody for seven years when the pistol was allegedly recovered from the accused---Fact that empties matched with the pistol could not be given weight to---Prosecution evidence regarding the arrest and recovery of the pistol from the accused found to be highly doubtful and the possibility could not be ruled out that the pistol was foisted on the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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