ALI MURAD alias NIAZO 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.

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---Un-natural conduct of complainant---Scope---Accused were charged that they, in furtherance of their common intention abused and murdered the father of complainant by causing sharp side hatchet blow---Accused was convicted and sentenced to suffer imprisonment for life---Record showed that complainant and witnesses went towards the house of accused and found his father in injured and unconscious condition and blood was oozing from the injury---Instead of taking his father who, as per his own admission, was in a very critical condition, to the hospital or police station, complainant brought him at his house and waited for the whole night while the serious injury inflicted on the head of the deceased was yet open and then in the morning they took the injured to the hospital---Stand taken by the complainant that at that time no conveyance was available was also belied by the admissions made by complainant party itself, inasmuch as complainant admitted in his cross-examination that the tractor, car, jeep and motorcycle were available in the village---Admittedly, complainant party had not gone to the village for seeking vehicle from there to carry the injured---Complainant could have taken the injured to hospital in donkey-cart in which they had taken him back to complainant's house which was, according to complainant, was 20/25 kilometres away from place of incident, whereas the hospital would have been nearer than the house of the complainant or even if it might have been situated at equal distance or even at somewhat far place, even in such eventuality at least the injured could have been provided medical aid earlier than the next morning---Admittedly, the complainant party along with the injured reached at the hospital and sometime after that he succumbed to injuries---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.

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

Case information

Judgment text as reported