Qurban Ali vs State Ss — 2024 PCrLJ 1601 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 1601 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: Qurban Ali 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

Qurban Ali VS State Ss. 302 (b) & 311---Qatl-i-amd, ta'zir after waiver or compounding of right of qisas in qatl-i-amd---Appreciation of evidence---Safe custody and transmission of recovered weapon of offence not proved---Accused was charged for committing murder of his sister on the pretext of kari with a person---Record showed that empties and gun were not sent to expert on same date, which created doubt in the prosecution case---Prosecution failed to produce before Trial Court evidence with regard to safe custody and safe transmission of the gun to the Chemical Examiner---Incharge Malkhana of Police Station was also not examined---Prosecution utterly failed to prove safe custody and safe transmission of the gun to the expert, therefore, positive report of the expert would not improve the case of prosecution---Circumstances established that the prosecution had failed to prove its case against accused beyond reasonable doubt---Resultantly, appeal against conviction was allowed, in circumstances.

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