JUMO vs State Ss — 2022 YLR 746 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 746 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: JUMO 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

JUMO VS State Ss. 302(b), 337-H(2), 148 & 149---Qatl-i-amd, rash and negligent act, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Ocular account and medical evidence---Contradictions---Accused was charged that he along with co-accused with common object duly armed with weapons by making firing with their weapons killed nephew of the complainant and also made aerial firing---Ocular account of the incident had been furnished by complainant and another witness being eye-witnesses---Evidence of the said witnesses showed the accused fired upon the deceased at his back---Evidence of said witnesses when confronted, no firearm injury was found at the back of the deceased---Evidence of the Medical Officer established that there was no injury at the back side of the deceased for which the accused was implicated by the prosecution and was convicted by the Trial Court---Evidence of mashir was also scanned in that respect but it could not find a single word in his deposition about the injury at the back side of the deceased as alleged against the accused by the complainant and other witness---Said circumstances established that the ocular evidence was not in line with the medical evidence and made the entire prosecution case as doubtful---Appeal against conviction was allowed, in circumstances.

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