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. 161

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---Defective investigation---Scope---Accused was charged that he along with his wife committed murder of the father of the complainant---Record depicted that Investigating Officer was a dishonest and inefficient investigator---As per record, Investigating Officer himself admitted that he was told by two witnesses that a bearded man and a maid would often come to the deceased's house---Although Investigating Officer claimed that he had recorded S. 161, Cr.P.C. statements of both witnesses but neither testified at trial---Bearded man was identified as Mr. "S", the same man who had informed the family of the deceased about his death---Both witnesses apparently also did not disclose that accused would also come to the apartment---Thus, it appeared that absolutely no investigation was done on that lead---Investigating Officer himself admitted that the apartment where the murder occurred was a "huge building" with three gates to it---Investigating Officer further acknowledged that he questioned no resident of the building or a member of the building committee or the watchmen at the gates during his investigation---Not only was the police investigation incomplete, it appeared that evidence was created by the Investigating Officer, indicating dishonesty---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed accordingly.

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