Shahid Ali Memon vs State Ss — 2024 YLR 1954 KARACHI-HIGH-COURT-SINDH

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Shahid Ali Memon VS State Ss. 302(b), 364, 201, 34, 148 & 149----Qatl-i-amd, abduction, causing disappearance of evidence of offence, or giving false information to screen offender, common intention, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Unnatural conduct of eye-witness---Chance witness---Accused were charged for committing murder of the son of complainant after abducting him---Eye- witness, who was said to have witnessed accused persons and acquitted accused coming out of the car and throwing abductee in rice canal, was originally resident of another district and was related to the complainant---Said witness did not explain the exact circumstances behind his presence at the given time on the spot---Conduct of said eye-witness was not normal in that although he saw the accused persons throwing abductee in the rice canal, but did not try to save him with the assistance of a person, who allegedly was with him or raise even alarm to attract the people available to save the deceased or at least to take the dead body out of the water---City Point Bridge was a very busy place and remained open round the clock with cart pullers selling fruits, vegetables etc. and vendors available with rush of people---Being a busy place it was surprising that the incident was only noticed by persons who were somehow related to the complainant---Such facts and circumstances showed that evidence of said witness, who did not even convey information to the police but to the complainant, and the complainant only partially intimated the police, and the police remained inactive, was not reliable---Said witness was a chance witness and his presence at the spot was not without a doubt---Appeal against conviction was allowed accordingly.

Shahid Ali Memon vs State Ss — 2024 YLR 1954 KARACHI-HIGH-COURT-SINDH

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