TOUQEER ALI KALWAR vs State Ss — 2024 YLR 126 KARACHI-HIGH-COURT-SINDH

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TOUQEER ALI KALWAR VS State Ss. 302(b), 201 & 34---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen offenders, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Ocular account---Accused were charged for committing murder of the son of the complainant---Ocular account of the incident had been furnished by father and brother of the deceased---Both the said witnesses had made certain material admissions which had put severe dents in the prosecution case to the extent of acquitted accused persons which gone in favour of said accused persons---Both the witnesses had admitted that the crime was not witnessed by any of the prosecution witnesses---Complainant and other witnesses in their respective statements had clearly deposed that FIR was lodged against some unknown culprits and later on, on the basis of previous enmity and suspicion, they had nominated three accused in their further statements, which were recorded on 09.01.2019 and then again when their S. 164, Cr.P.C. statements were recorded, the complainant and witnesses had nominated one more accused along with earlier named three accused because as per complainant party, deceased prior to the incident had divorced his wife, who was daughter of one accused and sister of other accused---From said admission, it was apparent that even the threat issued by the acquitted persons were prior to pronouncement of divorce and not after the divorce, and that too, as admitted by the witnesses themselves, only once, although the degree of annoyance after the pronouncement of divorce would have been higher than that of prior to pronouncement of divorce, but admittedly the complainant party did not issue any threat to accused after pronouncement of divorce---Said fact was also to be taken with great significance that brother of deceased had also clearly admitted that complainant party had come to know about issuing threats by the accused to them through other people--- Meaning thereby complainant party was not issued any sort of threat directly and the fact that accused had issued threats to them was also hearsay---Circumstances established that the prosecution had failed to prove its case against three accused persons and the Trial Court had rightly acquitted the accused persons, thus, the acquittal order did not call for any interference---Appeal against acquittal was accordingly dismissed.

TOUQEER ALI KALWAR vs State Ss — 2024 YLR 126 KARACHI-HIGH-COURT-SINDH

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