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---Accused were charged for committing murder of the son of complainant after abducting him---Record showed that complainant and two eye-witnesses had identified the accused persons and other accused clearly atthe time of first two incidents ; abduction of the deceased occurring at 02:00 p.m. on 30.07.2014 and throwing of the deceased in the rice canal later in the day at 08:00 p.m.---Although these two incidents occurred on the same day, the perpetrators were identified, but surprisingly, FIR was not registered, no action was taken by the police timely to save the abductee and round the accused (duly identified) up to thwart the commission of the offence---Daily diary did not disclose name of any of the accused---Nothing had been brought on record to show that the incident had happened in the manner alleged; that it was witnessed as alleged and was reported to the police accordingly---Insofar as first incident was concerned, and purportedly was committed by the accused known to the complainant, and their respective roles were clearly seen, but at the time of conveying information to the police about it, the complainant did not disclose name of any of the accused or their respective role, till the dead body was discovered on 02.08.2014 by him---About dead body complainant, did not first inform the police, so that the police could document and preserve the same for a future reference, and brought it on his own to the hospital---Silence of complainant for 03 days and not reporting the matter and revealing names of the accused persons to the police was baffling and did not inspire confidence about the story, he had narrated---Appeal against conviction was allowed accordingly.

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

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