ASLAM SOLANGI vs State Ss — 2022 PCrLJN 124 KARACHI-HIGH-COURT-SINDH

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ASLAM SOLANGI VS State Ss. 302(b), 148, 149 & 506---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, criminal intimidation---Appreciation of evidence--- Benefit of doubt--- Contradictions in statements of witnesses---Scope---Accused were charged for committing murder of the father of the complainant---Record showed that all the eye-witnesses including the complainant had not deposed a single word in their evidence that accused put off the clothes of the deceased nor the evidence had come on record that the clothes of the deceased were torn during dragging by the accused persons, however, the Investigating Officer deposed before the Trial Court that when he inspected the dead body of the deceased at the place of vardat it was in naked condition---Complainant during his cross-examination stated that at the time of dragging his father from floor machine he was wearing clothes---Eye-witness during his cross-examination negated the suggestion made on behalf of accused by stating that some cattle grazers had informed them in the morning that naked dead body of his uncle was lying at bank of Jannat Shakh---Other eye-witness also negated the same suggestion and stated that the persons who apprehended deceased made him naked and committed his murder, however, the Investigating Officer deposed before the Trial Court that he examined dead body of deceased at Jannat Shakh which was naked and shown to him by the complainant in presence of mashirs---Said witness further stated during cross-examination that no clothes of the deceased were lying near his body---Clothes of the deceased which he wore were also not recovered nor were produced before the Trial Court---Complainant during cross-examination stated that he took away dead body of his father to hospital with one police constable on a vehicle, however, the Police Constable deposed that he received the dead body for post-mortem and he brought the dead body at hospital on a vehicle of other make---Eye-witness stated in his cross-examination that the depth of Jannat Shakh was about 101 feet however the complainant during his cross-examination stated that there was distance of 101 feet, from the place where accused were standing and the place they were standing---Complainant stated during cross-examination that the accused reached from floor machine to Jannat Shakh within one and half or two hours and in between intervening period no villager gathered on their cries except both witnesses---Witnesses all had gave their contradictory evidence before the Trial Court---Major contradictions in the evidence of the eye-witnesses were found, which cut the roots of the prosecution case and made it doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

ASLAM SOLANGI vs State Ss — 2022 PCrLJN 124 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported