SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

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SHAMSUDDIN VS MUHAMMAD ASIF Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Allegations against the accused were that he and co-accused duly armed with daggers in furtherance of their common intention stabbed dagger blows to deceased and committed his murder---Record showed that the name of co-accused was not mentioned in the FIR and during proceedings before the Trial Court, he was declared juvenile offender, therefore his case proceeded separately---Co-accused was allegedly arrested in presence of witnesses and alleged dagger was recovered from folder of his shalwar---Said fact did not appeal to a prudent mind that a person after committing alleged murder would keep the alleged dagger in folder of his shalwar---Alleged recovery witnesses were said to be near relatives to the complainant party and they were allegedly called by witness on telephone from their house therefore, false implication of co-accused could not be ruled out---Involvement of co-accused in that case was doubtful therefore, it could not be said that accused was responsible for murder of deceased on same set of evidence---Appeal against acquittal was dismissed, in circumstances.

SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported