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Syed ABDUL ASIF SHAH vs State Ss — 2022 YLRN 119 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 119 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
Syed ABDUL ASIF SHAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103---Q; Criminal Procedure Code (V of 1898)

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

Syed ABDUL ASIF SHAH VS State Ss.284 & 319---Criminal Procedure Code (V of 1898), S.103---Qatl-i-Khata and negligent conduct with respect to poisonous substance---Appreciation of evidence--- Unexplained delay in registration of FIR---Recovery---Absence of private witnesses---Accused persons were employees of fumigation company and they were alleged to be negligent while fumigating residential flat of complainant which allegedly resulted into death of his minor son---Trial Court convicted the accused persons and sentenced them to imprisonment for three years---Validity---Inordinate delay of one month and two days in lodgment of FIR which was not explained properly by prosecution at any stage---Presumption was that the FIR was result of due deliberation and consultation---Place of incident was located at residential apartment which was thickly populated area where other inhabitants were residing---Investigating officer did not offer anybody from general public to act an independent source as a witness of place of incident, arrest of accused to identify as fumigators---No photographs of drilling termite proofing of walls as well as space for termite proofing which was agreed in between owners of the fumigation company and the head of the apartment---Neither there was DNA report of deceased, nor medical report designed the poison which allegedly was inside body of deceased was of fumigation company or following dinner at Bar B.Q.---Nothing was available on record with regard to any independent, cogent, reliable and tangible evidence brought on record against accused persons---No report was obtained from Forensic Science Laboratory with regard to substance for testing poison---Such were the dents in prosecution case which led the case of prosecution doubtful---High Court set aside conviction and sentence awarded to accused persons as prosecution failed to bring accused persons into home of guilt resultantly accused persons were acquitted of the charge---Appeal was allowed, in circumstances.

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