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---Qanun-e-Shahadat (10 of 1984), Art. 39---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Admission of accused before police---Not admissible---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 stated that during course of inquiry, it was disclosed to him by accused/wife of deceased that she and other accused persons had committed the murder of the deceased by strangulating his throat after administering some intoxicant substance to him as she intended to marry the other accused---Surprisingly, on chemical examination, no intoxicant substance was found in viscera's of deceased---If for the sake of arguments, it was believed that such disclosure was actually made by lady accused before the said Investigating Officer, even then same being inadmissible in terms of Art. 39 of Qanun-e-Shahadat, 1984, could not be used as evidence---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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