SADIQUE SABZOI vs State Ss — 2023 YLR 987 KARACHI-HIGH-COURT-SINDH

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SADIQUE SABZOI VS State Ss. 302(b), 457, 459, 460, 395, 337-a(i), 337-F(i), 337-H(ii), 148 & 149---Qatl-i-amd, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house trespass or house breaking, all persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, dacoity, shajjah-e-madihah, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Delay of twenty two hours in lodging the FIR---Effect---accused was charged that he along with co-accused persons while armed with deadly weapons entered into the premises of complainant party for stealing cattle, complainant party challenged them, accused party made firing upon complainant party, due to which, father and brother of complainant died while other sustained injuries---First Information Report was registered with the delay of twenty two hours---Distance of place of incident was about 8/9 Kilometres from the police station---Record reflected that before the FIR police conducted some investigation and prepared mashirnamas---Inquest report showed that police received information at 09.00 a.m. and thereafter from 09.00 a.m. to 09.30 a.m. mashirnamas of inspection of dead bodies and injuries of injured person were prepared till that time complainant had not disclosed the names of accused persons to the police nor the alleged incident was disclosed before the police as to in what manner the incident took place, which created very serious doubt in the case of prosecution therefore, consultation, deliberation and false implication could not be ruled out---Evidence showed that they took foot prints of accused persons---Tracker dogs were called and thereafter FIR of the present incident was registered, which opened room that FIR was registered after consultations and deliberations---If the complainant knew who the accused were as he had recognized them and where they lived then what was the need for tracker dogs to take them to the home of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 987 KARACHI-HIGH-COURT-SINDHBookmark this Case SADIQUE SABZOI VS State Ss. 302(b), 457, 459, 460, 395, 337-a(i), 337-F(i), 337-H(ii), 148 & 149---Qatl-i-amd, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house trespass or house breaking, all persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, dacoity, shajjah-e-madihah, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Delay of seven hours in conducting post-mortem---Effect---accused was charged that he along with co-accused persons while armed with deadly weapons entered into the premises of complainant party for stealing cattle, they challenged them, accused party made firing upon complainant party, due to which, father and brother of complainant died while other sustained injuries---Record reflected that the post mortems of the deceased were conducted from 10.30 a.m. to 11.30 a.m. whereas the incident took place at 03.00 a.m. (night)---Delay of seven hours in the autopsy was not reasonably explained---Perusal of the medical certificates of both the injured showed that one injured witness reached at hospital at 10.00 a.m., while other injured/complainant came at 10.10 a.m.---Injured received injuries during the night time at 03.00 a.m., but they could not appear at the hospital to save their lives and that fact had not been explained by the injured witnesses including the complainant that where they were from 03.00 a.m. to 10.00 a.m., which created very serious doubt about their presence at the spot and about the manner in which offence was actually committed---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 987 KARACHI-HIGH-COURT-SINDHBookmark this Case SADIQUE SABZOI VS State Ss. 302(b), 457, 459, 460, 395, 337-a(i), 337-F(i), 337-H(ii), 148 & 149---Qatl-i-amd, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house trespass or house breaking, all persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, dacoity, shajjah-e-madihah, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Recovery of weapon of offence---Scope---accused was charged that he along with co-accused persons while armed with deadly weapons entered into the premises of complainant party for stealing cattle, they challenged them, accused party made firing upon complainant party, due to which, father and brother of complainant died while other sustained injuries---Record showed that the accused was acquitted from the case of recovery of Kalashnikov---During his examination under S.342, Cr.P.C. accused produced the copy of the judgment of his acquittal---admittedly, no acquittal appeal was filed either by the complainant party or the State as such the said acquittal of the accused attained finality---Recovery of weapon, in circumstances, could not be used against the accused---acquittal of the accused from the case of recovery of the weapon allegedly used in the incident was fatal to the case of prosecution in the circumstances that the prosecution had not produced the reliable and trustworthy evidence against the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 987 KARACHI-HIGH-COURT-SINDHBookmark this Case SADIQUE SABZOI VS State Ss. 302(b), 457, 459, 460, 395, 337-a(i), 337-F(i), 337-H(ii), 148 & 149---Qatl-i-amd, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house trespass or house breaking, all persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, dacoity, shajjah-e-madihah, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Contradictions in the statements of witnesses---Scope---accused was charged that he along with co-accused persons while armed with deadly weapons entered into the premises of complainant party for stealing cattle, they challenged them, accused party made firing upon complainant party, due to which, father and brother of complainant died while other sustained injuries---Mashirnama of inspection of place of vardat and the recovery, showed that police recovered 16 empties of Kalashnikov, however during cross-examination, the mashir stated that police secured 16 empties of G-3 and no empty cartridge was recovered from the place of incident---Witness had admitted during his cross-examination that Medical Officer had accompanied with foot prints trackers and the accused was arrested on the next date on the intervention of Said Medical Officer---Other witness had also admitted during cross-examination that co-villagers tracked foot prints which led to Katcha side area---Said witness stated that Medical Officer had not accompanied during tracking foot prints of culprits---Said witness further admitted that he was accompanied with co-villagers while tracking foot prints but he did not know that police had arranged tracker dogs---Witness and mashir had given contradictory version as regards to the inspection of the dead bodies by the police---Witness stated that they brought dead bodies to Police Station and police issued a letter for treatment, thereafter dead bodies were referred to hospital for autopsy, while mashir stated that on the day of incident he was called by the police in the house of complainant, where dead bodies of deceased were lying---Complainant in his examination in chief deposed that accused was armed with TT pistol, while injured witness had stated that accused was armed with Kalashnikov---Complainant deposed that due to odd hours of night they stayed in their house and early in the morning they transported dead bodies and injured to police, while injured witness had deposed that after incident the police came within 10/15 minutes at vardat, while mashir had deposed that police reached at the place of incident at 02.00 p.m. in police mobile---Complainant had stated during cross-examination that his father and brother grappled the thieves, however, said fact had not been disclosed by him in the FIR or in his examination-in-chief---Such major contradictions in the evidence of the eye-witnesses would cut the roots of the prosecution case and made it doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 987 KARACHI-HIGH-COURT-SINDHBookmark this Case SADIQUE SABZOI VS State Ss. 302(b), 457, 459, 460, 395, 337-a(i), 337-F(i), 337-H(ii), 148 & 149---Qatl-i-amd, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house trespass or house breaking, all persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, dacoity, shajjah-e-madihah, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Unnatural conduct of witness---Effect---accused was charged that he along with co-accused persons while armed with deadly weapons entered into the premises of complainant party for stealing cattle, they challenged them, accused party made firing upon complainant party, due to which, father and brother of complainant died while other sustained injuries---In the present case, it had come in the evidence of the prosecution witnesses that the foot prints were tracked with the help of the Medical Officer---Defence version was that the accused was on inimical terms with the Medical Officer, however, it was not believable that such an influential person as Medical Officer would have personally got up in the middle of the night to come out and track foot prints for the complainant who he barely knew---Man of his status would have at best sent someone else on his behalf as the complainant party was not related to him---Such conduct did not appeal to logic, reason, commonsense or natural human conduct based on the particular facts and circumstances of the case---Incident was unseen but after tracking the foot prints through dogs the present accused was implicated---When the prosecution witnesses had identified the culprits at the time of incident then why the foot prints of the accused persons were traced through dogs was not understandable---Said fact of tracking foot prints of the accused through tracker dogs had also not mentioned in the FIR by the complainant---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 987 KARACHI-HIGH-COURT-SINDHBookmark this Case SADIQUE SABZOI VS State Benefit of doubt---Principle---Even a single circumstance creating reasonable doubt in the mind of a prudent man comes in the evidence of the prosecution, its benefit must go to accused not as a matter of grace or concession but as a matter of right. Citation Name: 2023 YLR 987 KARACHI-HIGH-COURT-SINDHBookmark this Case SADIQUE SABZOI VS State Ss. 302(b), 457, 459, 460, 395, 337-a(i), 337-F(i), 337-H(ii), 148 & 149---Qatl-i-amd, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house trespass or house breaking, all persons jointly concerned in lurking house trespass or house breaking by night punishable for qatl or hurt caused by one of them, dacoity, shajjah-e-madihah, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---accused was charged that he along with co-accused persons while armed with deadly weapons entered into the premises of complainant party for stealing cattle, they challenged them, accused party made firing upon complainant party, due to which, father and brother of complainant died while other sustained injuries---Record showed that the complainant and witnesses admitted that direct complaint in respect of the same offence was filed against some other accused persons by showing that police had not registered their FIR as per their verbatim---Complainant and witnesses, during cross-examination, had admitted that complainant party made compromise with those accused persons and thereafter withdrew the direct complaint which clearly showed that facts mentioned in the FIR were concocted---Said point alone made the entire case of prosecution as doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances.

SADIQUE SABZOI vs State Ss — 2023 YLR 987 KARACHI-HIGH-COURT-SINDH

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