BARKAT ALI vs State Ss — 2023 PCrLJ 1146 KARACHI-HIGH-COURT-SINDH

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BARKAT ALI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Omissions and inconsistencies between the evidence of the witnesses---Effect---Accused were charged that they in furtherance of their common intention committed murder of the son of the complainant---Record showed that the complainant in his examination-in-chief deposed that while they were returning from a town and going towards another place, the motorcycle of deceased was going in front of them about 50 feet away and when they reached near a tree at link road leading from town to village two motorcycles came behind them, and they had seen and identified accused sitting on a motorcycle whereas other accused persons were unknown---Such version of complainant was belied by his own eye-witness who deposed that four unidentified accused came on motorcycle and one of them fired at deceased---Over and above that, the complainant had also failed to bring on record the mode of information or produced any person through whom he received information about murder of his son at the hands of the present accused---Moreover, no independent piece of evidence had been collected by the Investigation Officer during course of investigation which might justify connectivity of the present accused with commission of the alleged offence---Omissions and inconsistencies between the evidence of the prosecution witnesses, if judged in the light of unexplained and un-plausible delay in lodging of the FIR and that of recording further statements of the complainant and his witnesses, had rendered the entire claim of the complainant doubtful---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.

BARKAT ALI vs State Ss — 2023 PCrLJ 1146 KARACHI-HIGH-COURT-SINDH

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