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---Non-production of material 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 and succumbed to his injuries---Record showed that the two injured were nowhere cited as witnesses in the case nor examined before the court to confirm the factum of firing by the present accused persons and injuries actually caused to them from the hands of accused, thus, the more important link in the prosecution story was therefore, missing---Evidence of prosecution, in circumstances, was pregnant with material contradictions, variations, dishonest improvements and infirmities, which made the case of prosecution and veracity of the witnesses highly doubtful, which further reflected that the incident might not have taken place the way it was narrated---Prosecution witnesses were not confirmed about the role played by present accused persons and had given different versions---Considering contradictory statements of eye-witnesses, the presence of present accused persons on the spot became highly doubtful, as overt act was specifically attributed to absconding accused---In absence of authentic piece of evidence of corroboration, accused persons could not be held vicariously liable for the act of absconding accused persons--- 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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