ARBAB ALI SHAR vs State Police witnesses, testimony of — 2023 YLR 2395 KARACHI-HIGH-COURT-SINDH

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ARBAB ALI SHAR VS State Police witnesses, testimony of---Evidence of Police Officials can not be discarded for the simple reason simply that they belonged to police force---Police Officer is as good witness as any other person---Standard of judging evidence of Police Officials is same on which evidence of any other witness is judged. Citation Name: 2023 YLR 2395 KARACHI-HIGH-COURT-SINDHBookmark this Case ARBAB ALI SHAR VS State Ss. 302(b), 311, 147, 148 & 149---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of police witnesses doubtful---Accused was charged that he along with his co-accused committed murder of his wife and her alleged paramour by inflicting dagger blows---Prosecution case was that accused committed murder of male deceased by means of dagger and wife of the accused was done to death by means of dagger by acquitted accused---Accused were identified by Police Constable and after commission of murders, they ran away---Trial Court failed to appreciate the evidence of Police Officials on the basis of sound judicial principles for the reasons that prosecution story was unnatural and unbelievable and it was against conduct of a criminal to commit any offence in presence of Police Officials---Presence of Police Officials at the time of incident was highly doubtful as the question was to why efforts were not made by the Police Officials to rescue deceased persons---It did not appeal to a prudent mind that accused persons, after commission of the murders, ran away in presence of police when police party was armed with official sophisticated weapons---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 2395 KARACHI-HIGH-COURT-SINDHBookmark this Case ARBAB ALI SHAR VS State Benefit of doubt---Principle---Single circumstance, which created reasonable doubt in prosecution case, will be sufficient to extend the benefit of doubt, to the accused. Citation Name: 2023 YLR 2395 KARACHI-HIGH-COURT-SINDHBookmark this Case ARBAB ALI SHAR VS State Prime duty of the Court is to do justice according to its own conscious. Citation Name: 2023 YLR 2395 KARACHI-HIGH-COURT-SINDHBookmark this Case ARBAB ALI SHAR VS State Ss. 302(b), 311, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Accused was charged that he along with his co-accused committed murder of his wife and her alleged paramour by inflicting dagger blows---According to the case of prosecution, accused and others were identified by Police Constable at the time of incident but at the trial he was given up by the prosecution---No explanation on the part of prosecution was given that as to why the evidence of the said witness was withheld, therefore, a presumption under Illustration (g) of Art. 129 of Qanun-e-Shahadat, 1984, could fairly be drawn that had the said witness been examined in the Court his evidence would have been un-favourable to the prosecution---Although, the prosecution was not bound to produce each and every witness but if the prosecution failed to produce such witnesses who were central figure and the entire story revolved around them, then the prosecution story would become doubtful---Appeal against conviction was allowed, in circumstances.

ARBAB ALI SHAR vs State Police witnesses, testimony of — 2023 YLR 2395 KARACHI-HIGH-COURT-SINDH

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