JAN MUHAMMAD vs State Ss — 2022 PCrLJN 130 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JAN MUHAMMAD VS State Ss. 460, 459 & 149---Person jointly concerned in lurking house-trespass or house-breaking by night, hurt caused whilst committing lurking house-trespass or house-breaking, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of about six hours in lodging FIR---Scope---Accused were charged for committing house breaking by night, committing murder of brother of the complainant and also injuring three other persons---Record showed that incident took place at 03.00 a.m. and the FIR was registered at 09.00 am---Complainant admitted during his cross-examination that they came at police station at 4.00 a.m.---Said fact clearly indicated that after the incident complainant party at first took foot prints of accused persons---Tracker dogs were called and thereafter FIR of the incident was registered which opened room that the FIR was registered after consultations and deliberations---If the complainant knew who were the accused as they had recognized them and where they lived then what was the need for tracker dogs to take them to the home of the accused---Said aspect of the case was found not to be believable---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubts---Appeal against conviction was allowed, in circumstances.

JAN MUHAMMAD vs State Ss — 2022 PCrLJN 130 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported