ATTA MUHAMMAD vs State Ss — 2023 MLD 1795 KARACHI-HIGH-COURT-SINDH

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ATTA MUHAMMAD VS State Ss. 302(b), 324, 353, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Dying declaration---Scope---Accused were charged for making fires upon the Police Officials, when they were signalled to stop them, due to which, one Police Official was hit and died, whereas other sustained injury---Deceased while recording his dying declaration had implicated co-accused, who had fired upon him and had not implicated other accused persons---Deceased disclosed that they were on patrol duty, they stopped one suspicious vehicle in which accused was sitting and meanwhile he fired upon him---On the contrary, the story narrated by the complainant was quite different---In his evidence recorded before the Trial Court, complainant deposed that they were busy in checking, meanwhile a suspicious big parado vehicle came there, they signalled them to stop the vehicle---All four doors of the vehicle were opened and five people alighted from it---Two accused persons caught hold of him and two caught hold of deceased and then accused made fire from his pistol upon deceased---Two unknown accused persons were caught holding him and after firing they went away---Such information was given to "15" which took injured than deceased to Hospital---Whereas Medical Officer in his evidence disclosed that at about 02:30 a.m. night a police mobile brought the injured---Neither the name of the complainant was mentioned in the dying declaration nor the Medical Officer disclosed that complainant was also present there---Deceased had not disclosed the number of accused persons who were available in the vehicle nor he has stated that two accused persons had caught hold of him then accused fired upon him---Circumstances established that the prosecution had failed to prove its case against the accused beyond a shadow of reasonable doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

ATTA MUHAMMAD vs State Ss — 2023 MLD 1795 KARACHI-HIGH-COURT-SINDH

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