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ALI MIR SHAH vs State S — 2024 YLR 1376 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1376 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ALI MIR SHAH vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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 MIR SHAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Benefit of doubt---Discrepancies in the statements of witnesses---Accused was charged for committing murder of his wife/sister of complainant by hatchet blows---Investigating Officer of the case stated that he received the FIR at about 4:00 or 4:30 p.m. and he proceeded with the investigation after having made entry in the Roznamcha---Perusal of the FIR reflected that it was registered on 14.10.2006 at 5:30 p.m., thus it was not believable as to how Investigating Officer could have commenced the investigation even before the FIR was registered---In his cross-examination Investigating Officer admitted that he did not produce copies of diaries of the departure and arrival and he had seen the body in the mortuary, whereas none of the witnesses had mentioned that the body was ever left in the mortuary---According to the witnesses, the burial took place sometime during the night of 14-10-2006 as admitted by the two witnesses, however, both the said witnesses became hostile and could not support the version of the prosecution that the hatchet was recovered in their presence or the accused was arrested in their presence---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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