DANISH vs State Ss — 2022 YLRN 69 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.

DANISH VS State Ss. 302(b), 396 & 34---Qatl-i-amd, dacoity with murder, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the nephew of complainant during dacoity---Ocular account of the incident had been furnished by two eye-witnesses---Record showed that initially the prosecution had alleged four unknown persons on two motorcycles as culprits and had assigned no motive for firing from side of the said culprits---During course of trial the prosecution had materially improved its case whereby reduced the numbers of culprits form 'four to two' on a single motorcycle and also introduced a motive i.e. demand of mobile phone by culprits---Both the eye-witnesses never supported each other while giving details of incident during their examination-in-chief---Eye-witness, nowhere, spoke about demand of 'mobile phone' while other did---Witness, nowhere, claimed any direct interaction between culprits and deceased while the other witness did---Examination-in-chief of the witness denied any reason/motive for firing upon them while the other witness did, hence both the eye-witnesses were not supporting each other on material aspects, hence, the benefit thereof was to be given to accused---Alleged eye-witnesses had categorically claimed that they had taken the deceased to hospital through a rikshaw---Surprisingly, despite carrying an injured person, their clothes did not get stained with blood---Though, the witnesses claimed in their statements that they had fallen of the motorcycle while the one of the witness had claimed to have stuck under the motorcycle but none of those witnesses claimed to have received any scratches---Absence of blood on clothes of said witnesses caused a serious doubt towards their presence at the spot---Motorcycle on which eye-witnesses and deceased were riding was not produced nor was collected by the Investigating Officer---Ocular account was not free from reasonable doubts, in circumstances, hence the prosecution case was not strong enough to hold the conviction---Record showed that while recording the statement of the appellants/ accused the Trial Court did not confront them with claimed evidences i.e. 'medical evidence, including postmortem; identification parade; recovery of empty from place of incident as well 30-bore pistol, hence the same were never available for consideration while convicting the accused---Circumstances established that prosecution had not succeeded in proving the charge against the appellants/convicts beyond reasonable doubts---Appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court.

DANISH vs State Ss — 2022 YLRN 69 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported