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MASHOOQUE ALI vs State Ss — 2022 PCrLJN 62 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 62 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MASHOOQUE ALI 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

MASHOOQUE ALI VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Prosecution case was that the accused along with his co-accused persons committed murder of the complainant's sister---Allegation of causing murder of deceased was mainly against the accused who along with co-accused had committed murder---Charge against the accused was different from that of the co-accused persons---Allegation of causing hatchet blows against the accused were stated by real brother of deceased, who was not alleged to have any motive to falsely implicate the accused---In absence of such plea, the presumption of truth was normally attached to such words particularly if the same remained un-shattered despite lengthy cross-examination as well find corroboration from other independent evidence---Evidence of Investigating Officer reflected that after completing all legal formalities of the investigation, he arrested the accused, secured hatchet from him, produced him before the Magistrate where he confessed his guilt---Witnesses were subjected to lengthy cross-examination, but they had stood by their version on all material points---Recovery of hatchet from accused together with his confessional statement before Magistrate could not be lost of sight under any pretext---Record transpired that no material, whatsoever, had been brought on record to show that co-accused persons had committed the murder in connivance with main accused---Prima facie, it appeared that they had no relation with the deceased, therefore, their intention to kill the lady was not proved by the prosecution---Only allegation against the said two co-accused was of sharing common intention with main accused, which was never proved by prosecution---Case against accused was proved beyond any shadow of doubt, hence his appeal against conviction was dismissed---Prosecution had failed to prove their case against co-accused beyond any shadow of reasonable doubt, hence their appeal against conviction was allowed, in circumstances.

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