HAJI vs State Ss — 2022 YLR 281 KARACHI-HIGH-COURT-SINDH

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HAJI VS State Ss. 460, 459, 404 & 337-H(2)---Persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, hurt caused whilst committing lurking house trespass or house breaking, dishonest misappropriation of property possessed by deceased person at the time of his death, rash or negligent act---Appreciation of evidence---Medical evidence---Benefit of doubt---Allegations against the accused persons were that they entered into the house of complainant, committed the murder of the father of complainant and injured a minor girl, took away cash, gun and mobile phone and other valuable articles made aerial firing and ran away---Approach of injured witness towards the hospital was also doubtful---Senior Woman Medical Officer, who examined the injured baby, during cross-examination, admitted that there was overwriting at the place of father's name in the medical certificate---Said Medical Officer also stated during cross-examination that only injured had appeared along with a police letter in her office---Said witness admitted during cross-examination that she had not mentioned in the provisional certificate as to whether the injuries were fresh or old---Witness also stated during cross-examination that on the provisional certificate, the number was mentioned as 82/83-2013 while in the final medical certificate it had been shown 83/84-2013 and also admitted that as per her opinion there was no fracture at the person of deceased---On scrutiny of the medical certificate of injured baby, the date and hours of arrival were mentioned as at 04:30 p.m.---Injured baby received firearm injuries at 1:30 a.m. in the morning and was not produced before doctor immediately but was produced at 04:30 p.m. after thirteen hours of the incident which created very serious doubt in the prosecution story---Appeal against conviction was allowed, in circumstances.

HAJI vs State Ss — 2022 YLR 281 KARACHI-HIGH-COURT-SINDH

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