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RAHEEM BUX vs State Ss — 2022 PCrLJN 40 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 40 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
RAHEEM BUX 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

RAHEEM BUX VS State Ss. 302, 324, 148, 149 & 427---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, mischief causing damage---Appreciation of evidence---Benefit of doubt---Delay in lodging FIR---Effect---Accused were charged for committing murder of brother of complainant---Record showed that the FIR was lodged with the delay of about six hours for which no plausible explanation had been offered---No recovery of either crime weapon or empties had been made nor were any bullets/empties found from the place of wardat---Prosecution had failed to establish the time of occurrence and the date of occurrence---Medical Officer in his cross-examination had stated that he had not remembered the date of the post-mortem---No independent witness was cited as witness nor any of the ocular witness had stated that independent witnesses were available at the spot---No person of the locality was shown as witness to the mashirnama of the inquest of dead body or inspection of the place of wardat---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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