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

Case information

Citation: 2023 MLD 2130 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD IMRAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 154

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 VS State Ss. 302(b) & 397---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd and robbery or dacoity with attempt to cause death or grievous hurt---Appreciation of evidence---Withholding material evidence---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---Record showed that Mst. "Z", who actually intimated the police about the incident, which was recorded under Roznamcha at Police Station, had not been examined by the prosecution and there was every possibility that on examination, she would have disclosed the true picture of the incident---Non-examination of said witness could not be lost sight of---On asking Investigating Officer was fair enough to admit that as per charge sheet the slips/chits allegedly written by the victim containing name of accused were handed over by the complainant to ASI and he had also recorded S. 154, Cr.P.C statement of the complainant---Said ASI had not been examined by the prosecution---Non-examination of said witness could not be overlooked---As per Investigating Officer he secured the cell phone of the deceased at the instance of the accused from one Mr. "A"---Said witness too had not been examined by the prosecution---Non-examination of said witness could also not be ignored---Prosecution has not been able to prove its case against the appellant beyond shadow of reasonable doubt, in circumstances---Appeal against conviction was allowed, in circumstances.

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