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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---Presence of eye-witnesses was doubtful---Scope---Accused were charged that they in furtherance of common intention committed murder of the lady---High Court observed that after going through the evidence, it was very much clear that the story in the FIR registered by the police was managed one---Presence of the Police Officials at the time of incident had not been established as they not stated a single word about the presence of mother of the deceased at her house where such incident took place---Said witnesses gave contradictory version in respect of weapon carried by the accused at the time of incident---Police Officials while admitting that they were posted at the same police station for considerable time after their FIR but they during cross-examination stated that they did not know as to whether the mother of deceased lodged any FIR in respect of the same incident at the same police station---Mother of deceased had given true weapon in the FIR used for the murder of her daughter which too had some support from the medical evidence but her version was discarded by the police and her direct complaint was also dismissed---Said lady was even not examined before the Trial Court as court witness---Version given by the police had no independent corroboration including the medical evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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