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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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---Identification of accused by the eye-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---Identification of the accused persons in the court through the eye-witnesses was also doubtful---Complainant during his examination-in-chief firstly identified only one accused and thereafter on recalling he identified the two accused persons---Same was the position of other witness---One of the accused was not arrested at that time when both the witnesses were examined then how they identified said accused---Prosecution had no explanation for this, which showed that the incident was an unseen incident and the story was managed---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.

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

Case information

Judgment text as reported