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GHULAM ALI vs RAJO Ss — 2023 PCrLJN 61 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 61 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
GHULAM ALI vs RAJO Ss
Subject matter
Criminal
Provisions referred to
S. 342

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

GHULAM ALI VS RAJO Ss. 302, 114 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Accused were charged for committing murder of the deceased---Motive behind the occurrence was diversion of water from water course---Two accused died by their natural death, hence proceedings against them were abated---From perusal of the impugned judgment, it revealed that the Trial Court had recorded the finding of acquittal in favour of the accused with sound and significant reasoning such as on motive; contradictory evidence confessional statement etc.---All the said aspects had been highlighted by the Presiding Officer of the Trial Court in its judgment---Record showed that there was no signatures of accused on their pleas recorded by the Trial Court---Material questions/pieces of evidence i.e. with regard to medical evidence, motive of the offence as well as Forensic Science Laboratory Report with regard to the recovered articles from the present accused were not put to accused in their statements recorded under S. 342, Cr.P.C. which was the primary responsibility of the Trial Court to ensure that truth was discovered---Accused had suffered a lot and they had faced the agony of protracted trial and the reasons assigned in the judgment of acquittal appeared to be sound on facts and law, therefore, need not to be disturbed---Appeal against acquittal was dismissed, in circumstances.

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