SAEED AHMED CHOLIANI vs State Ss — 2022 PCrLJN 34 KARACHI-HIGH-COURT-SINDH

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SAEED AHMED CHOLIANI VS State Ss. 302(b)& 34---Qatl-i-amd, common intention---Maxim: "falsus in uno falsus in omnibus"---Applicability---Accused contended that as co-accused was acquitted by the Trial Court on the same set of evidence, therefore the principal of falsus in uno falsus in omnibus was applicable in his case---Such plea of defence had no force as the co-accused was acquitted by the Trial Court as no role/overt act was assigned against him by the prosecution and was only shown to be present at the place of incident along with the accused and other accused persons---Prosecution also failed to establish that co-accused in furtherance of his common intention committed the offence, however, evidence produced by the prosecution established the case against the accused---Allegation against the present accused was that he caused fatal blows to the deceased which was supported by medical as well as circumstantial evidence---Acquittal of co-accused had not been challenged by the complainant or the State---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed accordingly.

SAEED AHMED CHOLIANI vs State Ss — 2022 PCrLJN 34 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported