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ASGHAR CHOHAN vs State Ss — 2023 PCrLJN 101 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 101 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ASGHAR CHOHAN 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

ASGHAR CHOHAN VS State Ss. 302(b), 452, 311 & 34---Qatl-i-amd, house trespass after preparation for hurt, ta'zir after waiver or compounding of right of qisas in qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused were charged that they in furtherance of their common intention committed murder of the lady---From the evidence of prosecution witnesses, it could easily be presumed that accused used 30 bore pistol at the time of incident and the same was recovered so also two empties of 30 bore pistol were recovered from the place of wardat---Said version of the police had no support from the second version brought on record by the mother of the deceased---Mother of deceased in her FIR stated that accused fired upon the deceased from Desi Pistol (Cartages Pistol) whereas version of police was that accused used .30 bore pistol---Complainant also not disclosed that at the time of incident police reached there or the incident took place in presence of the police---Same was the position in the version of police, they not deposed a single word that mother of deceased was present at the time of incident---Version of Police Officials that accused caused firearm injuries to the deceased from 30 bore pistol had also no support from the medical evidence---Version given by the two eye-witnesses (Police Officials) had not been supported by any independent evidence nor by the medical evidence, which created serious doubt in the case of prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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