SHAFQUAT HUSSAIN vs State Ss — 2024 MLD 327 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 327 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: SHAFQUAT HUSSAIN vs State Ss
Subject matter: Criminal

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

SHAFQUAT HUSSAIN VS State Ss. 302, 324, 147, 148, 149 & 114---Qatl-i-amd, attempt to commit qatl-i-amd, common object, rioting armed with deadly weapon, unlawful assembly and abettor present when offence committed---Appreciation of evidence---Complainant and one of the prosecution witnesses both had stated in their evidence that all the accused armed with different weapons had fired upon them, but from place of incident, empties and missed bullets of only 7.62 mm rifle were recovered and not a single empty of a bullet fired from pistol or repeater was found---It was beyond belief that why the accused targeted deceased only and spared complainant and others present on the spot, although it had been asserted that they had an issue with entire complainant party and not with deceased only---Targeting the deceased only and leaving others unscathed so that they could testify against them in the Court of law did not appeal to common sense---Similarly, when all the accused fired, or at least two of them, as was stated in FIR, it would not be humanly possible to distinguish and/or perceive which accused's bullet had hit the deceased, therefore, assertion of the complainant and prosecution witness that it was a bullet fired by appellant which had hit the deceased was not without question either---Prosecution, because of existence of doubt, had not succeeded in proving the case against the appellant---Appeal filed by the accused was allowed, in circumstances.

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