SIKANDAR ALI vs State S — 2023 YLR 427 KARACHI-HIGH-COURT-SINDH

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SIKANDAR ALI VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt--- Night-time occurrence---Contradictory statements---Acquittal of co-accused persons---Scope---Prosecution case was that the deceased together with his friends was taken by police party at the instance of a person with whom the deceased was having a dispute over a plot---Deceased was shifted from one police station to another and from there he was shifted to the place of incident where he was killed---Incident as per complainant was witnessed by him in the light of motorcycles---Prosecution witnesses had supported the complainant so far as identity of the accused and others under the light of motorcycles was concerned---Identity of the culprits involved in the incident under the light of motorcycles with specific role even otherwise appeared to be a weak piece of evidence---Complainant had admitted that there were conflicting statements in his application under Ss.22-A & 22-B, Cr.P.C. and his FIR with regard to the weapon used by the accused---One of the friends of deceased had admitted that he had not seen the accused committing murder of the deceased while the other was not examined by the prosecution for no obvious reason---Presumption which could be drawn for his non-examination would be that he was not going to support the case of prosecution---Seven other persons were acquitted on the same evidence and their acquittal had attained finality---Prosecution had not been able to prove its case against the accused beyond shadow of doubt and to such benefit he was entitled---Impugned judgment was set aside and the accused was acquitted of the charge---Criminal appeal was disposed of accordingly.

SIKANDAR ALI vs State S — 2023 YLR 427 KARACHI-HIGH-COURT-SINDH

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