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

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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--- Implication through supplementary statement---Accused were charged that they made firing upon the complainant party, due to which two persons were hit, out of which one died---Record showed that neither names of accused persons were mentioned in the FIR nor their features had been given and they were introduced by complainant and witnesses in their further statements without disclosing the source of information---Said improvements clearly showed that supplementary statement was made after due consultation and deliberation to falsely involve the accused---Complainant had lodged FIR with consultation and due deliberation and the names of accused/respondents did not transpire therein, hence, the credibility of further statement of complainant in this case did not arise at all---To sustain conviction in an offence of capital punishment, evidence of unimpeachable nature was required which was not available in this case---Prosecution failed to produce reliable evidence before Trial Court---Trial Court for sound reasons disbelieved prosecution evidence---Several circumstances were present in the case which created reasonable doubt in the prosecution case---In cases of circumstantial evidence strong evidence was required for convicting the accused, which was lacking in this case---Even complainant party had failed to prove any sinister motive against accused/respondents to strengthen his case---Circumstances established that the acquittal recorded by Trial Court in favour of respondents/accused in impugned judgment was based upon sound reasons, which required no interference---Appeals against acquittal being without merits were dismissed, in circumstances.

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

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