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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding material evidence---Effect---Eye-witness given up and not examined---Accused were charged that they in furtherance of their common intention committed murder of the son of the complainant---Record reflected that the prosecution examined complainant and a witness being the eye-witnesses; while another eye-witness, who happened to be brother of the complainant and also uncle of the deceased was given up by the prosecution for no obvious reasons---Inference which could be drawn of his non-examination was that he might not have supported the case of prosecution as per Art. 129(g) of Qanun-e-Shahadat, 1984---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.

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