KHALIL-UR-REHMAN alias BHOLOO vs State Ss — 2022 PCrLJN 25 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.

KHALIL-UR-REHMAN alias BHOLOO VS State Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Non-justification for the presence of witnesses at the place of occurrence---Effect---Chance witnesses---Scope---Accused were charged for committing murder of the brother of the complainant by firing---In the present case, eye-witness stated that he along with eye-witness was going to Sabzi Mandi, whereas said version had been contradicted by that eye-witness in his evidence by stating that on the relevant date and time he along with eye-witness was going to their homes---Said contradiction in between those two eye-witnesses was very much relevant and led towards the presumption that perhaps they were not present at the time of occurrence---Record transpired that both the eye-witness were resident of different places which were far away from each other as well as the place of incident, therefore question arose how and why both eye-witnesses were going together and available at the place of occurrence---On court query, complainant had failed to give any plausible justification for the presence of those witnesses at relevant time and place, which gave a serious jolt in the prosecution story---Appeal against conviction was allowed, in circumstances.

KHALIL-UR-REHMAN alias BHOLOO vs State Ss — 2022 PCrLJN 25 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported