ZAHIR ALI vs State Ss — 2022 PCrLJN 51 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.

ZAHIR ALI VS State Ss. 324, 337-J & 34---attempt to commit qatl-i-amd, hurt by poison, common intention---appreciation of evidence---Benefit of doubt---Contradictions in the statement of witnesses---Effect---allegation against the accused was that he gave poison to his wife in food---Record showed that the complainant stated that he asked his daughter/victim at the house of her husband about her health and she stated that she was poisoned by her husband and his relatives---However, the evidence of victim completely belied the complainant as she stated that she was unconscious at her house and regained conscious at the hospital where she informed her mother that she was poisoned by her husband and his relatives---Circumstances showed that there was clear and material contradiction in the evidence of two prosecution witnesses---Complainant and his son/witness had stated that the victim was vomiting blood, however, victim did not say in her deposition at all that she was vomiting blood---Lady Medical Officer only said that victim was brought to her and she was vomiting---Lady Medical Officer did not say that she was vomiting blood---Such was a clear contradiction as one set of witnesses said that the victim was vomiting blood while the other did not say so---Record transpired that there was also contradiction between the evidence of complainant and victim with regard to presence of accused at the time of incident---Lady Medical Officer stated in her examination-in-chief that she secured samples on the next day for laboratory examination including stomach sample, blood and urine---Lady Medical Officer, in cross-examination, stated that samples of vomiting were not secured---Later, said Lady Medical Officer stated that she received four samples which were mentioned in her report that she received such samples from male Medical Officer---Contradiction existed as to who collected samples and when---Since Male Medical Officer was not examined, therefore, it could not be confirmed whether he collected such samples or not---Prosecution had not been able to prove by cogent evidence that any insecticide was mixed in the food of the victim by the appellant---appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court.

ZAHIR ALI vs State Ss — 2022 PCrLJN 51 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported