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---Contradictions in statements of witnesses---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 the complainant stated in the FIR that all the accused persons were armed with Kalashnikovs and they fired upon the deceased persons and the injured witnesses, however, complainant while improving the case before the Trial Court deposed that accused fired from his pistol upon deceased, which hit him on the chest---Complainant further deposed that his brother also proceeded towards the culprits to which co-accused fired from his TT pistol upon him---Other three witnesses also deposed the same---Complainant deposed during the examination-in-chief that his brother tried to capture one of the culprits---Other witness deposed during his examination-in-chief that brother of complainant grappled with one culprit and tried to apprehend the other culprits---Another witness deposed during his examination-in-chief that the deceased tried to apprehend culprits having Kalashnikovs and brother of complainant grappled with culprits armed with TT pistol---All the said witnesses gave contradictory evidence which made the entire case as doubtful---Complainant stated during cross-examination that the accused entered into the house from main entrance and returned by the same way---Witness stated in his cross-examination that the accused came at place of Vardat from eastern side and after committing the offence escaped away towards southern side from place of vardat---Another witness stated during his cross-examination that the accused entered in the house by cutting the chain of the door---Witnesses were not supporting each other on that point also---Even the broken chain of the main gate was not taken by the Investigating Officer nor inspected the main gate---Said improvements made by witnesses during the trial were major in nature which cut the roots of the prosecution case and made it doubtful---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