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

Case information

Citation: 2023 MLD 1795 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ATTA MUHAMMAD vs State Ss
Subject matter: Criminal

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

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---Contradiction in the statements of witnesses---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---Record showed that as per evidence of Medical Officer, Police Officer/ASP/witness was present and he reached the hospital and in his presence, a dying declaration of injured was recorded and he had also confirmed that four accused persons caught hold of injured then accused had made 4-5 fires upon him---Not impossible and it was not appealing to prudent mind that four accused persons caught hold of the injured at midnight and then the accused made five fires upon him but none of them received a single scratch from such firing---Furthermore, Police Constable in his evidence had disclosed that two accused caught hold of him and two caught hold of deceased---Evidence of Police Officer/ASP as well as the statement made by the deceased in his dying declaration were contrary to each other---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.

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