MUHAMMAD IMRAN alias MANA vs State Ss — 2023 MLD 1993 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1993 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD IMRAN alias MANA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; Criminal Procedure Code (V of 1898)

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

MUHAMMAD IMRAN alias MANA VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Judicial confession, recording of---Infirmities---Accused was charged that he along with his wife committed murder of the father of the complainant---Record showed that the Judicial Magistrate missed out an important fact---Though the police had told the Judicial Magistrate that the accused had been arrested on 15.12.2016, the accused had told the Judicial Magistrate that the dead body was found 12 days after the murder and he was arrested the very next day---Dead body, according to the record, was found on 01.12.2106, which would mean that the accused had been picked up on 02.12.2016 i.e. 13 days before the police showed his arrest and 19 days after his arrest that the confession was recorded---Time line given by the accused reconciled with what Judicial Magistrate had earlier observed i.e. the date of arrest was not borne out from the record---Reason given for the murder by the accused was that the deceased tried to rape his wife---No evidence was collected by the police in that regard---Wife of the accused did not support such stance---Judicial Magistrate also found the alleged confession that the accused took the key of the house with him and throw it in a gutter rather odd and unnatural---Said fact eluded as to why a person would not simply leave the house locking the door rather than take the trouble to find the key of the house and then throw it outside---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed accordingly.

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