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

Case information

Citation: 2024 YLR 1954 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: Shahid Ali Memon vs State Ss
Subject matter: Criminal

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

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---Recovery of weapon of offence and other articles---Doubtful---Accused were charged for committing murder of the son of complainant after abducting him---Pistols were recovered from the accused persons---Recovery of pistols from the accused persons did not show their involvement with the offences when the same were admittedly not used/fired by them---Recovery of a mobile phone and university card of the deceased allegedly from one of the accused persons from a field of sugarcane which was not owned by him would not prove the charge against him of abduction and murdering the abductee/ deceased---More so, the recovery was made after 04 days of arrest of the accused in presence of witnesses, who were related to the complainant and were introduced to the prosecution case only after registration of FIR lodged on the 4th day of the incident, without any explanation---Said fact made such recovery itself unreliable, therefore, the case against the accused persons was not free from doubt---Appeal against conviction was allowed accordingly.

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