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POONJO vs State Ss — 2022 YLRN 190 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 190 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
POONJO 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

POONJO VS State Ss. 302, 114 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of the brother of the complainant by inflicting hatchet blows---Record showed that in the mashirnama of inspection of the place of incident, the Investigating Officer had noticed the foot prints of only one person which fact was not denied by the mashir/ witness during his cross-examination---Prosecution alleged presence of the co-accused at the time of the incident and only general allegation of instigating the accused for committing murder of deceased had been attributed to him---Prosecution case was that co-accused was armed with hatchet but no overt act had been attributed to him and even it was not understandable as to what prevented him (co-accused) from causing hatchet blow to the deceased---Prosecution could not bring on record evidence that co-accused had shared common intention with main accused---Prosecution had failed to establish its case against co-accused---By way of abundant caution, co-accused was acquitted of the charges---Prosecution had failed to prove motive of the incident by adducing any independent piece of evidence during trial---In the present case sister of complainant and deceased, who had obtained decree of dissolution of marriage against accused, had not been examined by the prosecution---No reasonable, much less plausible cause, had been given for withholding the lady from the court of law when her testimony was very important having a decisive role to play because it was on account of dissolution of marriage, according to the prosecution version, that the deceased was done to death---Motive set up by the prosecution was quite vague and unspecific and admittedly no independent evidence worth its name had been brought on the record in support of the asserted motive---Conviction of the accused, in circumstances, was maintained but sentence of death passed against him was reduced to imprisonment for life---Appeal was disposed of with such modification.

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