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

Case information

Citation
2023 PCrLJ 1146 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PCRLJ
Parties
BARKAT ALI 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

BARKAT ALI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Further statement of the witnesses---Scope---Accused were charged that they in furtherance of their common intention committed murder of the son of the complainant---Record showed that the Investigation Officer during course of investigation recorded further statements of the complainant and his witnesses wherein they disclosed that they on query came to know that about 7/8 months prior to the incident, complainant's son was locked in marital tie due to which accused was annoyed and now he came to know that his son had been done to death by accused over the said issue---Further statement of the complainant, if any, even otherwise could not be equated with FIR---If further statements of the complainant and his witnesses were believed to be true then why they remained mum and did not nominate the present accused with his name and parentage in the FIR promptly despite the fact that the present accused was earlier known to them---Said fact was done with inordinate delay of twelve days after the incident, as such, much reliance could not be placed upon further statements of the complainant and his witnesses---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.

Other judgments reported in 2023 PCRLJ

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