SHRIMATI JAAMI vs State Ss — 2023 MLD 233 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 233 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: SHRIMATI JAAMI 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

SHRIMATI JAAMI VS State Ss. 302(b), 201 & 34---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Benefit of doubt---Lack of direct evidence---Scope---Accused were charged that they, in furtherance of their common intention committed murder of the son of complainant---Candidly there was no ocular account to the dead body of deceased which was recovered from rainy water standing near Railway Phatak but same was not on the pointation of the accused persons---Evidence of witnesses was recorded, both the witnesses were not eye-witnesses; hence, they had not linked accused persons with concrete evidence---If there was no direct evidence to show as to in what circumstances victim was murdered, the Court had to discharge its onerous duty of determining whether the death was caused by the felonious act of some other person---If so, what offence, if any, had been committed by such a person and it was not sufficient in such a case to say that accused persons committed the offence when there was no direct evidence---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal was allowed, in circumstances and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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