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ALI NAWAZ alias NAZOO vs State Ss — 2022 PCrLJN 121 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 121 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ALI NAWAZ alias NAZOO vs State Ss
Subject matter
Criminal

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

ALI NAWAZ alias NAZOO VS State Ss. 302, 364 & 34---Qatl-i-amd, Kidnapping or abducting in order to murder, common intention---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Last seen evidence---Accused persons were charged for committing murder after abducting the son of the complainant---Admittedly complaint was not an eye-witness to abduction or death of the deceased---Evidence of complainant as such was of no help to the case of prosecution---Witnesses stated that they intimated the complainant that his son had been seen by them going with the accused persons and few unknown culprits by Richshaw---Witnesses were not made known as to when and at what time such intimation was furnished by them to the complainant, which had made the very intimation on their part to the complainant doubtful---No reliance could be placed upon evidence of said witnesses as they were appearing to be managed witnesses---Witnesses even otherwise had not seen the accused persons committing the murder of deceased---Dead body of the deceased as per prosecution was dug out from the land of a person at the pointation of accused---Such proceedings were never asked to be witnessed by any Magistrate to maintain the transparency---Said proceedings were monitored by Investigating Officer and he allegedly effected the recoveries of the lathies from the appellants---Prosecution had not been able to examine the Investigating Officer on account of his death---When the case hinged upon the evidence of Investigating Officer, his non-production as witness due to death had prejudiced the accused persons in their defence seriously---Prosecution had not been able to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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