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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. 161

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---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 the complainant and his witnesses by making further statements declared co-accused persons to be innocent---Said fact would go to suggest that the complainant and his witnesses were actually not certain about the real culprits of the incident while reporting the incident to police in first instance---Witness was examined by the prosecution to prove the grudge between the accused and the deceased and as per his statement under S. 161, Cr.P.C., which was recorded by the police after the delay of four days---No explanation to such delay was offered by the prosecution therefore, no reliance could be placed upon evidence of said witness having been introduced later on---Record transpired that on the basis of same evidence co-accused had been acquitted while the accused had been convicted which appeared to be surprising---Prosecution, in circumstances, had not been able to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2023 PCRLJ

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