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

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MUHAMMAD IMRAN alias MANA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of incriminating material from the spot---Reliance---Accused was charged that he along with his wife committed murder of the father of the complainant---Daily diary entry produced by Investigating Officer showed that on that date, the time not being recorded, he left the Police Station to inspect the place of incident---Investigating Officer made a memo at 11:10 p.m. on the same date in the presence of two witnesses---One bed sheet piece, broken bangles, tissues later found to be sperm laden, cigarettes butts and human hair were found and collected from the spot---Notable that except for a cloth piece and a carpet piece, nothing else was produced at trial, though, the memo of site inspection did not even record that a piece of carpet was seized by Investigating Officer when he inspected the place of incident---Memo of inspection did not mention that a hand written note was also recovered and sealed---If all the articles had been found and sealed, as the memo and witnesses claimed, it was a mystery as to how the other items vanished from the sealed packet and why they were not recorded in the first place---Narration given by the witness to recovery was in complete conflict with what was recorded in the memo of recovery prepared by Investigating Officer---Memo recorded that the items were found in a plastic bag lying in a vacant place outside the house of the accused---Memo did not even record that anything but a plastic shopping bag was found---Thus, it was obvious that the police made up the story regarding recovery of stolen items to falsely strengthen its case---It was absolutely unbelievable that valuables were put in a plastic shopping bag and then kept outside the house of the accused where they remained for a period of 17 days without anybody else seeing them or taking them away---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed accordingly.

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

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