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---Factum of heavy firing was actuated from memo of place of incident which showed that six empties of rifle 7.62 and three misfired bullets of same weapon were recovered from place of incident, besides blood stained earth---Both pieces of evidence were collected and duly sealed but, strangely, none of them was sent for FSL report in investigation, and instead, the exhibited FSL Report showed that blood stained earth and clothes of deceased were received by chemical examiner through a letter after more than one and half years of incident/occurrence---Such long delay, since had not been explained, was fatal to the prosecution insofar as connectivity of such pieces of evidence qua guilt of the appellant was concerned---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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