MUHAMMAD IMRAN vs State Ss — 2023 MLD 2130 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IMRAN VS State Ss. 302(b) & 397---Qatl-i-amd and robbery or dacoity with attempt to cause death or grievous hurt---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Effect---Accused was charged for committing murder of the mother of complainant by causing her knife injuries and then taking away Rs. 150,000 from her---Complainant stated that in the hospital, his mother was unable to speak and she by way of gesture demanded paper and pen, which was provided to her by him and on it, she wrote the name of the accused with two additional words "Meem" and "Alaf"---To such extent, the complainant was supported by his sister and a witness---Surprisingly, other witness came with a different version---As per said witness, the team of Doctors were present there and they provided pen and paper to the victim, whereupon she wrote the name of the accused with two additional words "Meem" and "Alaf"---However, nothing was found in the evidence of any of the Medical Officer which might suggest that they provided pen and paper to the victim---In order to strengthen the said story, the prosecution examined a witness who stated that on finding a boy coming out of the house of victim, he went inside of her house and found her lying on cot in injured condition and on inquiry she disclosed to him that she had been stabbed by the accused, being her nephew---Said witness took the victim first to hospital "F" and then to hospital "J"---Nothing had been brought on record, which might suggest that victim in first instance was taken to hospital "F"---As per Medical Officer, victim was brought at hospital "J" by complainant which belied the witness that he actually took victim to the hospital---Prosecution had not been able to prove its case against the appellant beyond shadow of reasonable doubt, in circumstances---Appeal against conviction was allowed, in circumstances.

MUHAMMAD IMRAN vs State Ss — 2023 MLD 2130 KARACHI-HIGH-COURT-SINDH

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