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MUHAMMAD ISMAIL vs State Ss — 2022 YLRN 193 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 193 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD ISMAIL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17; S. 7---Q

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

MUHAMMAD ISMAIL VS State Ss. 302, 460, 397, 109 & 120-B---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, lurking house-trespass or house breaking by night, abetment, criminal conspiracy, haraabah, act of terrorism---appreciation of evidence---Ocular and medical evidence---Contradiction---Prosecution case was that the accused along with acquitted co-accused duly armed with deadly weapon trespassed into the house of complainant to commit robbery at the instance of acquitted co-accused and during the commission of robbery a witness was murdered---Eye-witnesses stated in their evidence that the deceased was shot in the back whereas the post-mortem report found that the deceased was shot in the chest---Since the deceased was shot from about three feet, there ought to have been blackening surrounding his wounds, yet there was none---Said contradiction would go against the credibility and reliability of the eye-witnesses---appeal against conviction was allowed, in circumstances.

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