TAJ MOHAMMAD vs State Ss — 2023 PCrLJ 1514 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1514 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: TAJ MOHAMMAD 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

TAJ MOHAMMAD VS State Ss. 302, 307, 147, 148, 149, 114 & 109---Qatl-i-amd, cases in which qisas for qatl-i-amd shall not be enforced, rioting, rioting armed with deadly weapons, unlawful assembly, abettor present when offence was committed, abetment---Appreciation of evidence---Benefit of doubt---Common intention, applicability of---Accused were charged for committing murder of seven persons and injuring three persons---Common intention required a pre-planned meeting of the minds prior to the incident to make vicariously liable a person for the acts of the other---In the current case, no evidence to establish the common intention was led at trial---In any case, the evidence itself made the presence of the accused persons and the eye-witnesses debatable, to say the least---Obviously, the complainant party had tried to loop in as many persons from their rival group as they possibly could---Net result of the maneuvering and manipulation was that the real culprits of the incident and the true facts got completely eclipsed in the process---Circumstances established that the prosecution was unable to prove its case against the accused persons---Appeal against conviction was allowed, in circumstances.

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