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

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---Qatl-i-amd, common intention---Appreciation of evidence--- Benefit of doubt---Recovery of a letter from the crime scene---Reliance---Accused was charged that he along with his wife committed murder of the father of the complainant---Record showed that the letter found from the crime scene was sent for analysis together with the samples taken from wife of the accused and the writing matched---However there was no evidence to suggest that wife of accused herself was the person who had given the samples---Writing expert as well as Investigating Officer admitted that no document apart from the questioned document and samples taken dubiously were sent to the examiner for analysis---Prosecution witness, at best, stated that only one letter was found from the scene of the offence, which was admittedly neither listed in any memo nor sealed on the spot---When one letter was found from the scene, then how were three sent for analysis raised further suspicion on the honesty and credibility of the Investigating Officer, who seemed to have made up the paperwork all on his own to falsely strengthen the case---Even the details of the one letter found did not reconcile with the prosecution case or the confession made by accused---Not believable that any such letter was found from the place of the crime nor that wife of accused gave samples of writing which matched the purported letter found---Even if wife of accused did, she was acquitted by the Trial Court---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed accordingly.

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