ANWAR alias ANOO vs State Ss — 2023 MLD 918 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 918 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ANWAR alias ANOO 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

ANWAR alias ANOO VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged that they with their common intention had killed the brother of complainant by firing---Record showed that during investigation two accused persons were arrested, their confessional statements were recorded with delay of four days---Incident was not seen by the eye-witnesses, however, there was last seen evidence of three prosecution witnesses---Admittedly, confessional statement was retracted statement as accused at the time of trial pleaded not guilty and therefore the confessional statement against him, being a witness, could not be considered as truthful statement because a person who recorded evidence against himself appeared before the Magistrate, subsequently resiled, could not be considered as a truthful witness---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

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2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

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