SAEEDO alias SAINDAD vs State Ss — 2022 YLR 1540 KARACHI-HIGH-COURT-SINDH

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SAEEDO alias SAINDAD VS State Ss. 302(b), 324, 337-H(2), 504, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rash and negligent act, intentional insult with intent to provoke breach of peace, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt--- Improvements made by complainant---Scope---Prosecution case was that the accused party made firing upon the complainant party, due to which the cousin of the complainant was hit and died, whereas brother and other cousin of complainant sustained injuries---Previous enmity between the party was the motive behind the occurrence---Record showed that the complainant had made improvements in the case by changing allegations against the accused persons mentioned in the FIR at the time of recording his evidence before the Trial Court, which made the entire case as doubtful---First Information Report showed that complainant had stated that three accused persons fired upon the deceased with their Kalashnikovs, which hit him and he died---Complainant at the time of his evidence deposed in his examination-in-chief that one accused fired upon the deceased who received injuries at the left eye and chest and left arm so also thigh of left leg and exonerated other two accused from the allegation of firing upon the deceased---Complainant, however, stated during the cross-examination that he did not remember that he had mentioned in the FIR that three accused persons fired direct shots upon the deceased---Complainant stated in his cross-examination that the accused after causing injury to deceased dragged him with the motor cycle---Said fact had not been disclosed by the complainant in the FIR, which cleared the position that the complainant was not an eye-witness of the incident---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

SAEEDO alias SAINDAD vs State Ss — 2022 YLR 1540 KARACHI-HIGH-COURT-SINDH

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