MUHAMMAD HANIF vs State Ss — 2024 YLR 222 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD HANIF VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Direct evidence not available---Accused were charged for committing murder of the sister of complainant---Record showed that only piece of evidence of witnesses was that accused was standing near bed of deceased along with his sister, however, it was an admitted position from the evidence available on record that no one was present at the scene of offence nor committed the murder of deceased at the place of incident---Even otherwise, the prosecution had failed to explain inordinate delay in the lodgment of FIR, therefore, it was very surprising that Trial Court had relied upon the contents of FIR and ignored material contradictions in the evidence of prosecution witnesses amongst each other---Under the law, FIR was not a substantive piece of evidence and no conviction could be recorded on the basis of an FIR alone---After having gone through the evidence of witnesses, it appeared that the same was not confidence inspiring as contradictory statements had been made---In the absence of any direct evidence and in the absence of any corroborative piece of evidence, Trial Court had wrongly convicted the accused and sentenced him, when it was a matter of record that mere presence of the accused was shown at the place of incident and nobody had seen him throttling the deceased, which fact would go in his favour---In the absence of any cogent, reliable and confidence inspiring evidence, not supported by any independent corroborative piece of evidence, the conviction awarded by Trial Court was without any justification---Trial Court disbelieved the version of the accused as to the dispute between the victim and her brothers---Fact that the victim died in the house of her brothers spoke volumes about their possible role, if any---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

MUHAMMAD HANIF vs State Ss — 2024 YLR 222 KARACHI-HIGH-COURT-SINDH

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