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 mobile phone from the house of accused---Reliance---Accused was charged that he along with his wife committed murder of the father of the complainant---Allegedly, that the accused took the police to a house again from where a mobile phone and a SIM were recovered---According to the prosecution witness the house was of the accused---According to Investigating Officer and the memo he prepared, the house also belonged to the accused---According to the testimony of Investigating Officer at trial, the house was not of the accused, but that of his wife---Allegedly accused again took the police to his house from where a mobile phone belonging to him was recovered, however on said date accused was in judicial custody---Prosecution produced no evidence to show that accused was taken out of judicial custody after obtaining the requisite permission from the Judicial Magistrate and that he had then taken the police for the recovery---It was unbelievable that each time the police went to the house of the accused, they could not in one go effect the entire recovery, which recovery seemed to be spread out over 10 days---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed accordingly.

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