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JAVED SHAH vs State Ss — 2023 MLD 1864 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 MLD 1864 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
MLD
Parties
JAVED SHAH 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

JAVED SHAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Defective investigation---Accused/wife of deceased was charged for committing murder of her husband/brother of the complainant in collusion with other accused by administering some intoxicant substance to him---Investigating Officer was fair enough to admit that there was no eye-witness to the incident except lady accused none else was produced by Investigating Officer before Judicial Magistrate for recording their confessional statements---No explanation was offered as to why no other accused was produced for recording their judicial confession---Further, it was admitted by the said Investigating Officer that no finger print marks on cloth piece and pillow cover which allegedly were secured by him during course of investigation were obtained---Such omission too could not be lost sight of---Investigating Officer further admitted that no SIM card was found registered in name of lady accused---If it was so, then she could not be connected with the Call Data Records (CDR) reports allegedly obtained and produced in evidence---Be that as it may, during course of her examination under section 342, Cr.P.C, when asked about her judicial confession, it was stated by said lady accused that it was not read over to her and was obtained by putting her under pressure at the instance of the complainant, who intended to establish an illicit relationship with her and wanted to grab the property of the deceased being his brother---Lady accused examined a witness in her defence, who happened to be son of the deceased, who impliedly declared her to be innocent---In these circumstances, it would be safe to conclude that the prosecution had not been able to prove the involvement of the accused persons in commission of incident beyond shadow of doubt---Appeal against conviction was allowed accordingly.

Other judgments reported in 2023 MLD

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