GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

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GHULAM SARWAR VS KHUDA BUX Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)--- Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---appreciation of evidence---appeal against acquittal---Contradictions in statements of witnesses---Scope---accused were charged for assaulting on the complainant party, kidnapping its one member and later on committing his murder---Witness had stated that on the instigation, accused persons made straight fires at his father, who after sustaining firearm injures fell down on the ground and when he rushed towards his father, one of the accused gave him blunt side hatchet below, fracturing his left arm and thereafter other three accused dealt lathi blows on back of his chest---Whereas complainant and other witnesses had not stated a single word about receiving injuries by son of deceased at the hands of accused/ respondents or about the alleged firing by accused at deceased or even about the instigation by any accused---Undisputedly, there was no medical evidence to substantiate the version of the alleged injured about receiving injuries by him and his having been examined and treated by the Medical Officer on the alleged directions, passed by the Judicial Magistrate when he was produced before him for the purpose of remand as claimed by him nor mashirnama of alleged injuries of injured was shown to have been prepared or produced in evidence---Circumstances established that the finding of acquittal, rendered by the Trial Court was neither arbitrary nor was capricious---appeal was dismissed accordingly.

GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

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