UBAID alias K-2 vs State Ss — 2023 MLD 782 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

UBAID alias K-2 VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---No justification provided for the presence of eye-witness at the place of occurrence---Chance witness---Scope---accused were charged for committing murder of the brother of the complainant by firing---Ocular account of the incident had been furnished by sole eye-witness---Said witness was a scrap shop keeper who happened to be in the area pushing his scrap cart when the incident took place---Eye-witness, however could not name his shop and its location or even his residential addresses during the last 15 years with any precision---Furthermore, witness was not named in the FIR as an eye-witness---No genuine reason was on record to show that witness was present in the vicinity thus appeared to be a chance witness---Even if said witness was present at the scene at the time of the incident although it was a daylight incident there was no mention in his evidence as to how far away he was from the incident---Witness had not given any hulia in his statement under S. 161, Cr.P.C of either of the accused persons---Said witness did not know the accused persons prior to the incident and it appeared that he would have only got a fleeting glance of them during a chaotic and frightening incident whereby he would be looking to take cover from the indiscriminate firing---Record showed that the eye-witness identified the accused persons at an identification parade 15 years after the incident, however, he could not be safely relied upon as having correctly identified the accused persons who fired at the deceased who later died on account of the wounds---FIR although registered promptly based on hearsay evidence only contained a list of persons including the accused persons who had allegedly threatened the complainant's deceased brother against which no formal complaint was made which at best made the accused persons suspects---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

UBAID alias K-2 vs State Ss — 2023 MLD 782 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 MLD