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ALI MURAD alias NIAZO vs State Ss — 2022 PCrLJN 36 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 36 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ALI MURAD alias NIAZO 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

ALI MURAD alias NIAZO VS State Ss. 302, 504 & 34---Qatl-i-amd, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused were charged that they, in furtherance of their common intention, abused and murdered the father of complainant by causing sharp side hatchet blow---Ocular account of the incident had been furnished by complainant and two eye-witnesses---Complainant in his evidence had stated that the eye-witnesses had informed him about the incident, thereafter he went to the house of accused, brought his injured father to home and then in the morning he took his father to the hospital and after reaching at the hospital his father succumbed to injuries, he had not said anything that during all that process said witnesses were accompanying him, whereas the two alleged eye-witnesses had deposed otherwise---Eye-witness had narrated different facts on that point---Investigating Officer of the case, in his cross-examination, admitted that the Goth of the complainant was about 08/10 kilometres away from the place of incident---On the other hand, according to witness, the house of accused was situated at the distance of about one and half mile away from house, while one mile away from the house of deceased---Other witness admitted that the house of co-accused was situated 2-3 miles away from my house and would be 1-2 miles away from the house of deceased---Had there been difference of one or two miles/kilometres, the situation would have been different---Difference in the statements of four important prosecution witnesses in respect of distance between the house of the deceased and that of the accused came to about 20 to 22 kilometres, which could not be termed as minor contradiction---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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