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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

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---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---Accused were charged for committing house breaking by night, committing murder of brother of the complainant and also injuring three other persons---None of the accused was nominated nor the descriptions of any of the accused were mentioned in the FIR---No evidence was available on the basis of which both the accused were arrested---No identification parade was held after the arrest of the accused---Only after their arrest the eye-witnesses including the complainant deposed against the accused during their examination-in-chief---Complainant improved the case during his examination-in-chief by giving the names of the accused persons without furnishing any explanation as to how he came to know about their names---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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