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

Case information

Citation
2022 PCrLJN 130 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
JAN MUHAMMAD vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342---P; S. 342; Criminal Procedure Code (V of 1898)

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

JAN MUHAMMAD VS State Ss. 460, 459 & 149---Criminal Procedure Code (V of 1898), S. 342---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---Failure to put certain questions to accused---Effect---Accused were charged for committing house breaking by night, committing murder of brother of the complainant and also injuring three other persons---Statements of the accused recorded under S. 342, Cr.P.C., revealed that the portion of examination-in-chief about the recovery of empty cartridge, empties of Kalashnikovs, bloodstained earth from the place of Vardat, recovery of bloodstained clothes so also the pistols recovered from both the accused was not put to the accused in their statements under S. 342, Cr.P.C., to enable them to explain the circumstances---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.

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