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---Recovery of weapon and crime empties on the pointation of accused--- Reliance---Scope---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---Investigating Officer had deposed that on the same day at 1.45 p.m., he took out accused from police lock-up vide entry and during his interrogation, the accused admitted his guilt and showed his willingness to produce the gun used in the crime---Accused proceeded along with Police Officials and reached the pointed place, where the accused produced one SBBL gun lying in the bushes---Gun was not loaded while three live cartridges were lying in a separate bag---Mashir deposed that, Investigation Officer appointed him the mashir of inspection of the place of the incident where the dead body of deceased was lying on the cot---Investigating Officer prepared inquest report and recovered ten empties of 12-bore cartridges and 15 empties of Kalashnikov and prepared such mashirnamas---Investigating Officer also prepared mashirnama of last worn clothes of deceased obtained from Medical Officer---Witness further deposed that on 26.04.2013, accused were arrested and Investigating Officer prepared such mashirnama in his presence---Investigation Officer had also recovered scissors from accused and gun from co-accused along with four live cartridges---Mashir did not depose about the date and time of recovery of crime articles from accused nor pointed out the place of recovery in his examination-in-chief--- During cross-examination, witness stated that Investigating Officer had taken bloodstained earth in his presence whereas Investigating Officer negated the same---Mashir further stated in his cross-examination that the lock of outer door was in cutting condition but the police had not collected the same whereas he stated that in mashirnama of inspection of the place of incident, it was mentioned that Investigating Officer collected ten empties of Kalashnikov and 15 empties of cartridges of 12-bore---Witness also admitted that the empties of Kalashnikov available in court were ten (10) in number---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.

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

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