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---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---Recovery of crime weapon and empties---Reliance---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---After the arrest of the accused persons, they produced the respective crime weapons which were sent to the Office of the Chemical Examiner and received reports with the opinion that empties secured from the place of the incident were fired from the said respective weapons---Deceased in his dying declaration had disclosed that only five shots were made by accused at the occurrence but as per evidence of complainant, they secured five plus ten empties of Kalashnikov (total 15 empties) shells from the place of incident and the allegation against present accused was only that two of them caught hold of the complainant and two had caught hold of the deceased, then accused fired from his pistol---Said accused by leaving the injured they ran away, which reflected that prosecution had made dishonest improvements to strengthen the case showing the recovery of alleged crime weapons---Circumstances established that the prosecution had miserably 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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