MUHAMMAD HASHIM ISLAMI vs State Ss — 2023 PCrLJ 1338 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1338 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD HASHIM ISLAMI 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

MUHAMMAD HASHIM ISLAMI VS State Ss. 3, 4, 5, 6 & 7---Illegal dispossession---Appreciation of evidence--- Benefit of doubt---Related and interested witnesses---Scope---Accused were charged for occupying the agricultural land of complainant illegally on the point of weapons and issuing murderous threats---Record showed that one of the prosecution witnesses was relative of complainant and the other was his employee and might be advisedly he had not produced any other independent witness of the locality during trial---Memo of the complaint showed the land of complainant was situated in a rural area---None of the persons from the adjoining village were asked to appear in the Trial Court as a witness of the alleged incident---Claim of the applicant was that he had sold out a portion of his said land to someone but he was not produced as a witness of the alleged incident of illegal dispossession---Complainant, in cross-examination had admitted that the nominated accused were physically disabled persons---Complainant also claimed in his complaint that the accused persons were armed with weapons but such weapons had not been disclosed or described in the memo of complaint---Even at the time of recording his deposition, the complainant remained tight-lips regarding the nature of those deadly weapons---Circumstances established that the case of illegal dispossession by the accused persons had not been proved beyond a reasonable doubt through some credible evidence---Appeal against conviction was allowed, in circumstances.

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