WAZEER vs GHULAM QADIR alias GHULAM MUHAMMAD Ss — 2023 PCrLJ 1194 KARACHI-HIGH-COURT-SINDH

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WAZEER VS GHULAM QADIR alias GHULAM MUHAMMAD Ss. 337-F(i), 337-F(iii) & 34---Ghayr-jaifah-mudihah, ghayr-jaifah-mutalahimah, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused were charged for inflicting lathi and butt blows to complainant---Record showed that none of the accused caused any harm and/or extended threat to the eye-witness though they were at the mercy of accused who were armed with pistol and having lathies in their hands, but accused were alleged to have caused injuries to the complainant only, which created reasonable doubt regarding veracity of the eye-witnesses---Eye-witness being independent witness so also being best piece of evidence to corroborate the version of the complainant/injured witness, was not examined by the prosecution, as such it had rightly been observed by Trial Court that failure to examine said independent eye-witness gave inference that he was not supporting the prosecution case---Perusal of evidence of complainant and eye-witnesses reflected that they had made improvements in their statements deliberately and with mala fide intentions, as such their testimony could not be relied upon safely---Infirmities in the prosecution case were so glaring contradictions in the evidence of complainant and witnesses on material points including admission of injured in hospital and reaching of injured to hospital, which had been rightly discussed and considered by the Trial Court while acquitting the accused being fatal to the prosecution---Reasonable doubt had been created by the accused in prudent mind and its benefit had rightly been extended to them by the Trial Court---Appeal against acquittal was dismissed, in circumstances.

WAZEER vs GHULAM QADIR alias GHULAM MUHAMMAD Ss — 2023 PCrLJ 1194 KARACHI-HIGH-COURT-SINDH

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