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--- Accused were charged for committing murder of the brother of complainant by firing---Prosecution evidence showed that at the time of incident the parties were on inimical terms and some cases of murders and other offences were pending in between them---As per prosecution case, on and off, the accused was issuing threats to the complainant party for murder of said deceased before the incident---Complainant in his examination-in-chief narrated that said accused contacted with deceased and inquired about their whereabouts created serious doubt in the prosecution story---Complainant during his examination-in-chief deposed that at OGDC Band, his brother was ahead of him and one person 'B' was coming behind them on Motorcycle and at that time, all accused had concealed themselves near the OGDC Band, when they reached there, all accused came out from Band---During cross-examination complainant admitted by stating that in FIR, it was not mentioned that person 'B' was coming on his motorcycle behind them---Even such fact had not been disclosed by any of the prosecution witness before the Investigating Officer and the Trial Court nor was the said Bango examined by the Investigating Officer---Prosecution also failed to produce said witness 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