QADIR BUX BULEDI vs State Ss — 2023 MLD 1845 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1845 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: QADIR BUX BULEDI 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

QADIR BUX BULEDI VS State Ss. 302(b), 311, 324 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of hatchet on the pointation of accused---Safe custody of the weapon of offence---Scope---Accused were charged that they in furtherance of their common intention committed murder of the deceased and caused injuries to a female by means of hatchet blows and throttling on the allegation of siyahkari---During investigation blood-stained hatchet was recovered from accused on his pointation and it was sent to the Chemical Examiner for analysis and report---Positive report was received and it was produced before the Trial Court---Record showed that a Police Constable had taken the hatchet to the Chemical Examiner---Said witness had not been examined to prove the safe custody of the hatchet at the Malkhana of the police station and its safe transmission to the Chemical Examiner---In such state of affairs, the prosecution failed to establish the recovery of the hatchet at trial---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed accordingly.

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