MUHAMMAD NADEEM vs State Ss — 2024 MLD 197 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 197 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: MUHAMMAD NADEEM vs State Ss
Subject matter: Criminal
Provisions referred to: S. 417; S. 265-K; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD NADEEM VS State Ss. 302(b), 337-H(2), 337-L(2) & 34---Criminal Procedure Code (V of 1898), S. 417(2)---Qatl-i-amd, rash and negligent act, causing hurt, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused were charged that they made firing upon the complainant party, due to which two persons were hit, out of which one died---So far as the case of one of the accused/respondent Mr. "F" was concerned, he at the time of pronouncement of judgment remained absconder and his case was kept on dormant file and later on he joined the trial---During proceedings, said accused filed an application under S. 265-K, Cr.P.C., which was allowed by Trial Court and he was acquitted of the charge on the ground that co-accused persons who had faced full-fledged trial had already been acquitted and there was no tangible evidence or concrete material available on record from which guilt of said accused could be deduced and charge against him was groundless and even if case against him was proceeded, it would not entail into conviction rather sheer wastage of time---Thus, there was no merit in present appeal against acquittal of the respondent/accused---Acquittal recorded by Trial Court in favour of respondent/accused in the impugned judgment and order was based upon sound reasons, which required no interference---Appeals against acquittal being without merits were dismissed, in circumstances.

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