NIAZ HUSSAIN vs State Ss — 2023 MLD 128 KARACHI-HIGH-COURT-SINDH

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NIAZ HUSSAIN VS State Ss. 324, 504, 148 & 149---attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---appeal against acquittal---Benefit of doubt---Charge against accused was that they, in association with absconding accused, duly armed with deadly weapons, formed unlawful assembly and made firing upon the complainant party, which hit the nephew of the complainant---Record showed that the prosecution witnesses had contradictory and inconsistent versions to each other on material points and had made dishonest major improvements in their evidence---admittedly, there was inordinate delay of eleven days in lodgement of FIR, which had given presumption of false implication of the respondents/accused after due deliberation and consultation---admitted fact was that during examination-in-chief, when the complainant was confronted with the FIR, he deposed that it bore only his thumb impression but he did not know its contents---admittedly, Investigating Officer of the case had deposed to have prepared memo of injuries at 12.30 p.m. but that version of the Investigating Officer was contradicted by Medico-Legal Officer, who deposed that injured was brought before him at about 11:40 a.m., whereas, other witness deposed that they reached at Police Station at about 12.00 p.m.---Medical evidence was in direct conflict with the ocular account furnished by the witnesses, as witnesses had deposed that accused persons fired from close distance, whereas, evidence of Medico-Legal Officer showed that pellets of same cartridge had spread and injured had wounds in both legs, which proved sheer contradiction and were fatal to the prosecution case---Prosecution had failed to prove the participation of the respondents/accused in the crime---appeal against acquittal was dismissed, in circumstances.

NIAZ HUSSAIN vs State Ss — 2023 MLD 128 KARACHI-HIGH-COURT-SINDH

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