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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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---Accused were charged for committing murder of seven persons and injuring three persons---In the present case, the supposed eye-witnesses would have required super human qualities to precisely identify which 32 persons were present, what weapons were they armed with, who hit who and at what part of the body---It was not believable that each of the witness could get this right in the middle of a full scale brawl between two groups (even the complainant party comprised of a substantial number of people) in which weapons were being used freely---Complainant party had tried to involve as many persons of their rival group in the incident---However impact of such a large scale implication was that the veracity of the entire prosecution case became doubtful, at least to the extent of the present accused---Quarrel, though said to be over succession, appeared to be primarily motivated by the possession of land---Both groups were at fault---Complainant party simply could not allege that there was one sided attack---Witness being injured in the attack was itself an indication of that---Moreover, there was massive discrepancies in the time when the dead bodies were seen by the police---Such discrepancies rang from a couple of hours to at least five or six hours---Testimony of supposed eye-witnesses was found quite doubtful---Circumstances established that the prosecution was unable to prove its case against the accused persons---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ