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---Ocular account and medical evidence---Contradictions--- 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---Complainant in the FIR stated that the deceased received one fire arm injury at left eye near the pupil, two injuries on the left side of the chest, two injuries on the left arm, one injury on the thigh of left leg which were six injuries in number and in the inquest report prepared by the police the injuries were total eight in number, however the post mortem report showed that the deceased received only five injuries which also included entry and exit wounds---Medical Officer who was examined by the prosecution deposed that the deceased received only three injuries--- Difficult to ascertain, in circumstances, as to how many injuries were received by the deceased, which created very serious doubt in the case of prosecution---Complainant during the cross-examination stated that he received dead body after the post mortem at 6.00 p.m., whereas the post-mortem report showed that the post-mortem was started at 6.00 p.m. and was finished at 7.00 p.m.---If the post-mortem report was correct then how the complainant received the dead body of deceased at 6.00 p.m., which too made the case of prosecution as doubtful---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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