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HAFEEZ MACHHI vs State Ss — 2022 YLRN 27 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 27 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
HAFEEZ MACHHI 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

HAFEEZ MACHHI VS State Ss. 302(b), 324, 353 & 402---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling for the purpose of committing dacoity---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused party made firing upon the police party with the intention to commit their murder, when they were directed to drop the weapons---Police party also made firing in retaliation, however, one police constable was hit and died, accused ran away after taking official weapon of the deceased---Complainant deposed in his examination-in-chief that deceased Police Constable during firing went near the accused and received fire shot injuries from his left side---Said witness further deposed that then they went there and saw that deceased Police Constable had received injuries on his body and was expired, which indicated that the said Police Constable left the picket (Morcha) and went towards the accused person---However, other Police Official/witness who collected the blood stained earth deposed in his examination-in-chief that he collected the blood of deceased Police Constable from inside the police picket (Morcho) which created very serious doubt in the case of prosecution---Complainant during cross-examination stated that the picket where they were performing duty was open picket and no constructed wall was over there---Other witness deposed during his examination-in-chief that the place of incident was situated at highway curve where a police picket (Morcho) with katcha bricks was available---In view of the evidence of those witnesses, the place of incident became doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt by producing reliable, trustworthy and confidence inspiring evidence---Appeal against conviction was allowed, in circumstances.

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