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

Case information

Citation: 2022 YLR 281 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: HAJI vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

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---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---Father of the complainant succumbed to the injuries---Ocular account had been furnished by three eye-witnesses---Record showed that said three witnesses contradicted each other on each aspect of the case---Taking away the dead body towards the hospital and Police Station and role played by each accused at the time of the incident was contradictory---Presence of accused persons at the time of the incident was not supported by the injured victim---Identification of the accused persons on the bulb light was doubtful---Taking away cash, gun and mobile phone by the accused was contradictory and the weapons carried by the accused at the time of the incident was also doubtful---Appeal against conviction was allowed, in circumstances.

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