SUDHEER vs State Ss — 2023 PCrLJ 25 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 25 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: SUDHEER vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342

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

SUDHEER VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of incriminating material---Scope---Allegedly, accused with co-accused, in furtherance of their common intention committed murder of the deceased and then misappropriated his wrist watch and mobile phone---Investigating Officer stated that wrist watch, mobile phone and two currency notes of Rs. 500/-belonging to the deceased were secured from the accused---Said recovery was made on 3rd day of the arrest of the accused---Recovery made with delay could hardly strengthen the case of prosecution---Investigating Officer, however was belied in his version so far preparation of mashirnamas of recovery---Prosecution witness/mashir by admitting to suggestion that all the mashirnamas were prepared by the munshis and not by the Investigating Officer---Prosecution had not been able to examine munshi being author of any of such mashirnama---Performance of the Investigating Officer in the case was only to the extent of table investigation---Even otherwise, no question had been put to the accused during course of his examination under S. 342, Cr.P.C., to have his explanation on alleged recovery and reports of Chemical Examiner and Finger Print Expert---Recovery and expert reports, therefore, could not be legally used against the accused--- Appeal against conviction was allowed, in circumstances.

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