BUXO DHAREJO vs State Ss — 2022 PCrLJN 36 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.

BUXO DHAREJO VS State Ss. 302, 392 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused persons waylaid the deceased near a bus stop and snatched her gold ornaments, cash and bangles and murdered her with the same knife which was later recovered---Record showed that the prosecution had failed to examine the police officials of the police station who had lodged the FIR and also had failed to produce the roznamcha entry before the court---The prosecution had also failed to produce the independent witnesses from the locality though the incident had taken place in an open area and a number of people were available there---No recovery of the looted gold ornaments could be affected from the possession of the accused persons---The crime weapon was recovered from the place of incident but the same was not sealed at the spot and the pocket of deceased from which the money was allegedly snatched was not sent to the chemical examiner for examination---The report of the chemical examiner only stated that blood was found on the knife but there was no evidence that the same was of the deceased---The accused had been falsely implicated on account of previous enmity---The ocular account had not been believed as the witnesses were interested and their presence was doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed, in circumstances.

BUXO DHAREJO vs State Ss — 2022 PCrLJN 36 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported