SANAULLAH vs State Ss — 2023 PCrLJ 717 KARACHI-HIGH-COURT-SINDH

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SANAULLAH VS State Ss. 302(b), 311, 201 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, disappearance of evidence, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---accused was charged for committing murder of two daughters of complainant due to domestic affairs and concealing their dead bodies---Record showed that admittedly there was no eye-witness to the murders---admittedly, there was no last seen evidence---No recovery was made from accused in terms of any rope used to strangle the deceased---Motive of karo kari was not proved by any evidence at trial---Trial Court relied upon evidence of a jirga which settled the issue and was published in the newspapers---No evidence was produced at trial that any such jirga took place---No member of the jirga or anyone present at the jirga was produced as a witness---No newspaper clipping in that respect was exhibited and no TV footage to that effect was ever exhibited---Trial Court instead of relying on any evidence adduced at trial blindly believed the hearsay evidence of the Investigating Officer without any corroboration, who simply stated in his evidence that he came to know that the deceased were murdered on the allegation of karp, thus, the prosecution was not able through evidence to prove the very foundation of its case, namely the motive for killing the deceased on account of karo kari and accused had no motive to commit the murders---No evidence was available as to where the deceased were murdered as alleged in the charge---No evidence as to the date and time when the deceased were murdered as per charge---Circumstances established that the prosecution had failed to prove beyond a reasonable doubt that accused committed the murders of the deceased---appeal against conviction was allowed, in circumstances.

SANAULLAH vs State Ss — 2023 PCrLJ 717 KARACHI-HIGH-COURT-SINDH

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