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---Inconsistency between evidence of Investigating Officer and three prosecution witnesses with regard to the arrest of accused---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---Record showed that evidence of a witness was only to the extent that he was intimated about the death of the deceased by the other witness, who happened to be son of the deceased---Evidence of the complainant and a witness, prima facie, suggested that they were not eye-witnesses to the incident as such their evidence could hardly lend support to the case of prosecution---Investigating Officer stated that on 14.03.2018, he apprehended accused/wife of the deceased---However, as per other witnesses, said accused was apprehended on 13.03.2018---No one knew what happened in between---However, inconsistency between evidence of Investigating Officer and three prosecution witnesses with regard to the arrest of accused could not be lost sight of---Circumstances established 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.

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