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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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---Police witnesses, evidence of---Reliance---Scope---Accused was charged for committing murder of his sister on the pretext of kari with a person---Prosecution's case primarily rested upon the evidence of Police Officials---Complainant/ASI stated before the Trial Court that he was on patrolling duty on 26.05.2020 along with his subordinate staff and received spy information that accused was prepared to commit murder of his sister at the house---Police party proceeded to the pointed place and reached at 3.00 pm and saw deceased running in the street and accused was behind her and fired upon her from back---Police Constable identified the accused but in the cross-examination complainant/ASI replied that accused and deceased were seen by the police party from their back side in the street---Police Constable replied in cross-examination that accused was not previously known to him---Said evidence clearly showed that evidence of eye-witnesses/Police Officials was unnatural, unbelievable and un-trustworthy---In the present case, the fate of the accused hinged upon testimony of the Police Officials alone, thus, it was necessary to find out if there was any possibility of securing independent persons at that time---Record showed that in the evidence of complainant/ASI 8/10 persons had gathered at the time of incident along with woman of a village but prosecution did not produce them before Trial Court as such material evidence was withheld, which was fatal to the case of prosecution---In the cases of evidence of Police Officials judicial approach has to be cautious in dealing with such evidence---Circumstances established that the prosecution had failed to prove its case against accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ