DARGAHI vs State Ss — 2023 MLD 1426 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1426 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: DARGAHI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

DARGAHI VS State Ss. 302, 324, 353, 395, 399, 402, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, dacoity, making preparation for dacoity, assembling for purpose of committing dacoity, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Case involving murder of a Police Official---Investigation by the same police---Lack of independent investigation---accused were charged that they made firing upon the police party, due to which one Police Constable was hit and died and they also took the official rifle---In the present case, the investigation had been carried out by the same police---Such investigation could not be termed as honest investigation as evidence of Police officials appeared to be unnatural and unbelievable---Standard of proof should have been far higher as compared to any other criminal case when according to prosecution, it was a police case in which one Police Constable was murdered---Thus, it was desirable and even imperative that such case should have been investigated by some other agency, as police in such case could not have been investigators of their own case---Such investigation lacked independent character and conviction could not be based on the basis of such investigation, when it was riddled with many lacunas---Circumstances established that the prosecution had failed to prove the guilt of the accused---appeal against conviction was allowed accordingly.

Other judgments reported in 2023 MLD

2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited b…
2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected…
2023 MLD 1131 KARACHI-HIGH-COURT-SINDHKARACHI CABLE SERVICES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Information S. 30--- Cable operators---Show cause…
2023 MLD 989 KARACHI-HIGH-COURT-SINDHWASEEM AKRAM VS Mst. ASMA S. 25a---Transfer of cases---Scope---applicant/defendant (husband) sought transfer of suit for maintenance from on…
2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

Back to the case-law library · Search Pakistani case law in Urdu or English