MUHAMMAD NAWAZ vs State S — 2022 PCrLJN 77 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAWAZ VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Confessional statement of accused---Scope---Accused were charged that they in furtherance of their common object, due to demand of return of borrowed amount, committed murder of the brother of complainant and also concealed the evidence by throwing his dead body in the thick crops---Accused in his confessional statement did not disclose the names of accused for which complainant stated in the FIR that he had seen the deceased with accused persons---Accused also stated in his confessional statement that daughter of the deceased was the wife of accused and such fact had been concealed by the complainant, even during cross-examination he negated such suggestions in respect of the matrimonial affairs---Mashir, during cross-examination admitted and stated that there was relationship in between deceased and accused---Accused in his confessional statement stated that he along with co-accused persons took the deceased from hotel for payment of his outstanding and in the cotton crop accused made straight fire upon deceased from Cartosi Pistol---Said accused did not state a single word about the meeting with the complainant and the witnesses anywhere during such episode---Said aspect of the case reflected that the confessional statement of accused was not true---Judicial Magistrate who recorded the confession of accused had admitted that accused was arrested and produced before him for remand and then again for recording statement---During such period though the accused was brought by the police before the Judicial Magistrate two times for physical remand he never asked the Judicial Magistrate for recording his confessional statement and its recording after lapse of ten days while accused was in custody of police reflected that the said confessional statement was not volunteer---Only evidence to link the accused with the crime was his confession---Such single piece of evidence could not be more than circumstantial evidence and would not alone suffice to prove that accused was guilty of committing murder of the deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

MUHAMMAD NAWAZ vs State S — 2022 PCrLJN 77 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported