SAJJAN CHACHAR vs State Ss — 2022 PCrLJN 83 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.

SAJJAN CHACHAR VS State Ss. 302, 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Scope---Accused were charged for committing murder of the brother of complainant by firing---Ocular account of the incident had been furnished by complainant and other witness---Said witnesses stated that accused had directly fired upon the deceased, who after receiving firearm injuries fell down on the ground and then co-accused had directly fired upon the deceased, who was already on the ground and then all the accused had also directly fired not only upon the deceased, but they had also fired upon the complainant party---Such story as narrated by the said witnesses was unbelievable as the incident took place in the dark night and only source of identification with the complainant party was torch light and the torch was with one person only---Not possible for every person to see and note each and every movement of accused at the time when they were also facing the firing made from the accused persons upon them and they were hiding themselves to save their life---Said torch was not produced before the Investigating Officer nor before the Trial Court---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

SAJJAN CHACHAR vs State Ss — 2022 PCrLJN 83 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported