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ABDULLAH vs State Ss — 2022 PCrLJN 50 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 50 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ABDULLAH 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

ABDULLAH VS State Ss. 302(b), 337-H(2), 114, 148 & 149---Qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, abettor present when offence is committed, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of crime empties from the place of occurrence---Scope---Accused was charged that he and co-accused made firing upon the complainant party, due to which brother of the complainant died---Recovery of the empties from the place of vardat was doubtful---Investigating Officer stated in his cross-examination that he collected ten empties of Kalashnikovs from place of incident, some of which were collected from outside of the shop and some from inside of the shop---Complainant on whose pointation place of vardat was visited by the Investigating Officer did not state about the empties as to whether same were collected by the Investigating Officer or not---No crime weapon was recovered from the accused---Accused was arrested in some other case then on information he was formally arrested from the prison---Prosecution witnesses alleged in the FIR as well as deposition that accused also fired from their guns and pistols in the air but no empty of such pistol and gun was recovered from the place of vardat---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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