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

Case information

Citation: 2024 YLR 126 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: TOUQEER ALI KALWAR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 417---Q; Criminal Procedure Code (V of 1898)

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

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 defenders, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---No weapon recovered from the possession of the accused---Accused were charged for committing murder of the son of the complainant---Record showed that neither the accused persons had ever been formally arrested by the police nor any crime weapon had been recovered from them, nor the prosecution had produced during the course of trial any other proof against them so as to connect them with the commission of alleged offence---Rather perusal of entire evidence revealed that they were implicated only on the basis of presumption and suspicion of the complainant party---In that view of the matter, it could safely be held that prosecution had failed to prove that indeed all three accused had hatched any conspiracy with the main accused---Thus, it seemed that only on the basis of their previous enmity and suspicion they had implicated three acquitted accused---Apart from that, no incriminating article relating to murder of the deceased had been recovered from the acquitted accused---Circumstances established that the prosecution had failed to prove its case against the three accused persons and the Trial Court had rightly acquitted the said accused persons, thus, the acquittal order did not call for any interference---Appeal against acquittal was accordingly dismissed.

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