ALI NAWAZ vs State Ss — 2024 PCrLJ 873 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 873 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: ALI NAWAZ 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

ALI NAWAZ VS State Ss. 302(b), 504 & 34---Qatl-i-amd, intentional insult with intent to invoke breach of the peace, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Conflict between---Accused was charged that he along with his co-accused persons committed murder of the son of complainant by firing---Perusal of the FIR showed that at the time of incident accused and his co-accused both were armed with SBBL guns however, two firearm injuries on right hand and right side of back of chest of deceased had been attributed to accused---Prosecution case was that the victim was fired upon from a distance of about 20 feet (around six yards)---Wound caused by a shot gun at such a distance would be irregular wound with satellite pallet pattern of diameter reaching five inches which obviously had not been seen on the body of deceased---Report of Forensic Science Laboratory showed that two 12 bore crime empties were not fired from the 12 bore SBBL shot gun---In view of said report, it could not be proved that victim died from a gun-shot of the present accused---Ballistic examination report showed that out of three empties, only one was found 'similar' but once again it was doubtful whether a .12 bore shot gun fired from a distance of about 20 feet would cause 0.5 cm × 0.5 cm wound or not---As such there was conflict between the ocular account and the medical evidence of the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was accordingly allowed.

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