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

Case information

Citation
2022 PCrLJN 83 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SAJJAN CHACHAR 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

SAJJAN CHACHAR VS State Ss. 302, 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly--- Appreciation of evidence---Benefit of doubt---Chance witnesses---Scope---Accused were charged for committing murder of the brother of complainant by firing---Complainant during his cross-examination stated that there was only one torch, but he did not remember, who was having the same at the time of incident which clearly reflected that at the time of incident the torch was not with the complainant---However, the eye-witness during his cross-examination stated that only complainant had the torch---Even from that aspect of the case it could easily be firmed that at the time of incident the torch was not with the complainant party and that one of them or both the witnesses were not available at the time of incident and one of them or both were telling lie---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.

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