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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---Night time occurrence--- Source of light--- 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---Admittedly the incident was of night time and the source of identification was torch light and head light of the police mobile---Torch light was not produced by the witnesses before the Investigating Officer nor the Investigating Officer collected, even the same was not produced before the Trial Court---No evidence was on record, which suggested that the accused were previously known to the Police Officials who even in the evidence not gave details as to how they knew the accused, only they stated that they saw the accused in the hotel but they did not identify them by name and parentage---Prosecution case was that police mobile came after about five minutes of the encounter and at that time the accused persons took shelter of bank of the water course as stated by the Police Official/witness in his cross-examination---If the position was same then the identification of the accused by second party of the police on head lights of the police mobile was 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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