MUHAMMAD ANAS vs State Ss — 2023 PCrLJN 59 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ANAS VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Hearsay evidence---Scope---Accused was charged that he along with his companion in furtherance of their common intention committed murder of the deceased---Record showed that the three prosecution witnesses had deposed that the accused murdered the deceased, however, they remained mum for three years and eight months till confession of the accused before police and Judicial Magistrate---Even said witnesses had also deposed against the accused after knowing from police that accused had admitted his guilt that he had committed the murder of deceased through another person on payment of Rs.30,000---No evidentiary value of said witnesses keeping in view Art. 71 of the Qanun-e-Shahadat, 1984, which provided that oral evidence must, in all cases whatever, be direct---In the present case, evidence of said witnesses was termed as hearsay evidence, which in the eyes of law could not be corroboratory until and unless was supported by incriminating articles coupled with strong direct evidence---No recovery from the accused was effected---Police Officials were also not eye-witnesses of the incident, therefore, the same had no weight---Circumstances established that the prosecution had not succeeded in proving its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ANAS vs State Ss — 2023 PCrLJN 59 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported