Ghous Bux Lashari vs State Ss — 2024 PCrLJ 1087 KARACHI-HIGH-COURT-SINDH

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Ghous Bux Lashari VS State Ss. 302(b), 311 & 34---Qatl-i-amd, ta'zir after waiver or compounding of right of qisas in qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Case based on circumstantial evidence---Accused were charged for committing murder of the deceased by strangulation with piece of rope, after declaring her as kari---Prosecution had brought on record the evidence of the Police Officials who were on patrol duty---Complainant received spy information on 02.1.2021 at 11.30 pm, that accused No.1 along with his uncle had committed murder of his wife/deceased---Police proceeded to the house of the said accused and found the dead body of deceased lying in the house---Complainant called a woman from the village and prepared inquest report---Since, it was a case of spy information, complainant did not associate with him private persons of the vicinity---Woman associated by complainant for inspection of the dead body had also not been examined by the prosecution at the trial---Even otherwise, evidence of Police Officials appeared to be unnatural and unbelievable---Trial Court failed to appreciate the evidence according to the settled principles of law---It was unbelievable that police party was armed with official arms and ammunitions and both the accused persons while seeing the police party ran away and police could not arrest them---After arrest of the accused, nothing incriminating was recovered to connect the accused in the commission of the offence---Prosecution had argued that deceased was wife of accused No. 1 and her dead body was found in the house of that accused and such circumstance had not been explained by him---Trial Court had heavily relied upon such piece of evidence---If prosecution failed to prove it's case, then accused person was to be acquitted even he had taken a plea and had thereby admitted killing the deceased---When evidence of Police Officials relied upon by the prosecution had been found to be utterly unreliable then the accused persons could not be convicted for the alleged murder simply on the basis of dead body in the house of the accused---Admittedly, it was a case of circumstantial evidence, therefore, as rule of prudence, it was required that each piece of circumstantial evidence should be supported by independent-corroboration, which shall, by itself, be sufficient to establish the guilt---However, each circumstance shall be so connected with each other that it shall make one complete chain, without there being any broken link---In the present case, there were completely broken links of chain which did not connect the accused persons with the commission of murder of deceased, therefore, they were entitled to benefit of doubt---Appeal against conviction was allowed, in circumstances.

Ghous Bux Lashari vs State Ss — 2024 PCrLJ 1087 KARACHI-HIGH-COURT-SINDH

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