MUHAMMAD FAHEEM vs State Ss — 2023 YLR 1084 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD FAHEEM VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Motive was not proved---Effect---Accused was charged that he and two co-accused committed murder of the brother of the complainant by causing dagger blows---Motive in the FIR was that the occurrence had taken place due to a quarrel between the accused and deceased which was resolved in the past, but accused held the grudge and then murdered the deceased---One witness introduced another motive and deposed that co-accused had a dispute with his cousin and deceased was supporter of his cousin, therefore, co-accused had assigned the task to the accused to murder the deceased---Co-accused had been acquitted by the Trial Court and neither the complainant nor the State had filed appeal against acquittal of co-accused---Motive set out by the prosecution remained far from being proved---Generally, motive did not hold much value but in cases involving murder especially like the present case, motive hold great importance---Circumstances established that the prosecution had not proved its case against the accused for the offence charged beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Witness--- Related and interested witness---Statement of related and interested witness---Reliance---Scope---Evidence of a witness could not be discarded merely on the basis of a relationship inter se or being interested---If the testimony of a related/interested witness found no corroboration by independent pieces of evidence, then the evidence furnished by a related/interested witness could be discarded. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Benefit of doubt---Principle---Benefit of doubt must be given to the accused as a matter of right and not as a matter of grace---No requirement to suggest many circumstances to create a doubt as even a single circumstance creating a reasonable doubt in a prudent mind about the guilt of the accused made him entitled to its benefit. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay in sending the weapon of offence and last worn clothes for analysis---Scope---Accused was charged that he along with his two co-accused committed murder of the brother of the complainant by causing dagger blows---Record showed that the case property including dagger and last worn clothes of deceased was sent to the chemical examiner after four days had passed from the day of occurrence---During that time, the said property was said to be deposited in the malkhana per the deposition in cross-examination of Investigating Officer--- However, Investigating Officer also simultaneously deposed the case property was not in his custody---Incharge of malkhana was not witness in that case---Said admissions by the Investigating Officer followed by the fact that no entry of Register No.19 kept at police station as per Form No.22.70 of Chap. XXII of Police Rules, 1934, regarding deposit of case property in malkhana was produced which raised further doubts in the prosecution case---Said fact completely shattered the admissibility of any case property produced before the Trial Court---Circumstances established that the prosecution had not proved its case against the accused for the offence charged beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Weapon of offence recovered from the place of occurrence---Scope---Accused was charged that he along with his two co-accused committed murder of the brother of the complainant by causing dagger blows---Record showed that the dagger used in the commission of offence was recovered from the crime scene---Investigating Officer failed to collect finger prints from the dagger so as to establish at a later stage that the same was indeed used by the accused in the commission of offence---Neither fingerprints were taken from the weapon of offence recovered from place of wardat nor the same were sent for expert opinion---No fingerprints had been taken of the murder weapon, which meant that nothing was available on the record to link the accused with the crime weapon---Circumstantial evidence linking the accused to the offence was entirely lacking---Prosecution evidence i.e. dagger, being highly doubtful did not benefit the prosecution case---Circumstances established that the prosecution had not proved its case against the accused for the offence charged beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt--- Unnatural conduct of eye-witnesses--- Effect--- Accused was charged that he and two co-accused committed murder of the brother of the complainant by causing dagger blows---Motive behind the occurrence was a quarrel took place between accused and the deceased---Prosecution had produced complainant and another witness as eye-witnesses---Both the witnesses were closely related to the deceased, the complainant was deceased's cousin and other witness was his nephew---In the present case, the two unknown culprits were shown to be empty handed and accused was allegedly armed with a dagger which he threw away after the commission of offence at the crime scene, thus making him empty handed as well before running away from the place of incident---Two persons and complainant made no effort even to try and catch hold of the culprits, who were empty handed---Accused had run down the same set of stairs they came up from, thus also proving a hindrance in their escape yet the complainant party did not chase the culprits---Circumstances established that the prosecution had not proved its case against the accused for the offence charged beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay of about 24 hours in lodging the FIR---Effect---Accused was charged that he along with his two co-accused committed murder of the brother of the complainant by causing dagger blows---Record showed that the FIR was lodged with a delay of 24 hours, even though the police station was said to be at a distance of one kilometre only---Occurrence took place at about 04.30 p.m., whereas the FIR was lodged on the next day at about 05.00 p.m.---Deceased was declared dead upon arrival at the hospital, but complainant did not go to the police station on the same day and lodge the FIR---Such a delay could not simply be brushed aside as it assumed great significance and it could be attributed to consultation, taking instructions and calculated preparations of report, keeping in view the name of the assailant open to involve such persons to whome ultimately the prosecution might wish to nominate---Circumstances established that the prosecution had not proved its case against the accused for the offence charged beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1084 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD FAHEEM VS State Ss. 302(b), 109 & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay of over four days in recording the statements of witnesses---Effect---Accused was charged that he and two co-accused committed murder of the brother of the complainant by causing dagger blows---Record showed that there was a delay of over four days in recording the statement of the witnesses---Such delay in recording the statement without furnishing any plausible explanation was fatal to the prosecution case and the statement of such witnesses could not be relied upon---Appeal against conviction was allowed, in circumstances.

MUHAMMAD FAHEEM vs State Ss — 2023 YLR 1084 KARACHI-HIGH-COURT-SINDH

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