ABDUL RAZZAQUE BREHMANI vs NIAZ alias MAKHAN Ss — 2022 YLR 1737 KARACHI-HIGH-COURT-SINDH

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ABDUL RAZZAQUE BREHMANI VS NIAZ alias MAKHAN Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Dishonest improvements made by witnesses---Scope---Accused were involved in an act of armed affray between communal factions toward which the complainant and his relatives were drawn, thus came to be caught in the cross fire, with one of his cousins, suffering a gunshot wound to the neck, succumbed to his injuries---Eye-witnesses had given contradictory versions on material points and made some dishonest improvements---First Information Report was silent about allegation of abetment nor prosecution witnesses in their statements under S.161, Cr.P.C., had stated about the abetment by any of the accused, but the complainant in his evidence had stated about the abetment by accused, thus had deviated from his version of FIR and his evidence was not supported by the eye-witnesses who were silent on that score---Complainant in his evidence had given the contradictory version than FIR and stated that when they reached at hospital, the accused persons armed with weapons came there---Complainant had nowhere stated in his evidence about the injuries sustained by the passersby---Eye-witness had given different version and according to him, when they reached at hospital, they saw that persons belonged to Rustamani community armed with ammunitions fired from their respective weapons upon his cousin---According to him, the fire also hit passersby, but caste of the injured were not mentioned in the FIR---On the contrary, as per medical evidence two persons were injured---Complainant had nowhere stated in his evidence regarding firing by present accused persons upon them in order to commit their qatl-i-amd---Likewise, prosecution witness had also not attributed any overt act to accused and had not taken the names of present accused in his statement---No misreading of evidence could be pointed out by the complainant/appellant and prosecution, which would have resulted into grave miscarriage of justice---Appeal against acquittal was dismissed, in circumstances.

ABDUL RAZZAQUE BREHMANI vs NIAZ alias MAKHAN Ss — 2022 YLR 1737 KARACHI-HIGH-COURT-SINDH

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