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---allegation against accused was that he gave poison to his wife in food---Record showed that not a single witness produced by the prosecution had stated that he/she had seen the accused while mixing insecticide in the food of the victim---No effort was made to take any sample of the food which was consumed by the victim immediately before her condition worsened---No other family member had any problem with food made in the house---Record transpired that there were numerous contradictions in the evidence of the prosecution witnesses which clearly created doubt in the prosecution case---Complainant alleged that the victim was given insecticide in food and thus an attempt was made on her life, while the appellant denied the same and stated that the victim had taken some Diazepam (relaxant) tablets---Medical Officer, who, first checked the victim stated that she had taken "Diazepam (relaxant) tablets"---Victim was given first aid by said Medical Officer and opined that victim had taken 2-4 diazepam (relaxant) tablets, however, it was denied by the victim that she was examined by the said Medical Officer---Said Medical Officer was an independent witness, therefore, there was no reason to doubt his deposition without any corroboration---Opinion of said Medical Officer that the victim had taken 2-4 diazepam tablets was corroborated by Lady Medical Officer as she had confirmed that if a person had taken diazepam tablets his condition would be similar to that of the victim---Complainant stated in her evidence that she finished the whole meal brought for her dinner and had not felt any suspected/foul smell from the food---Insecticides had a very foul smell and it was almost unbearable---Insecticides were not such strong poisons that only a drop of the same would be enough to kill a person---Complainant and his son had stated that neither they had seen the food which was eaten by the victim nor they had seen the plates in which she took her dinner---No proof was available that poison was given to victim in her food by the appellant---Record showed that victim was brought to hospital and she was given first aid and her stomach was washed---On the next day samples of victim's stomach, blood and urine were secured and were sent for laboratory examination---No explanation was furnished as to why the samples were taken on the next day and why the same were not taken on the day she was brought to hospital---Circumstances established that the 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