MIANDAD CHANDIO vs State Ss — 2024 YLR 881 KARACHI-HIGH-COURT-SINDH

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MIANDAD CHANDIO VS State Ss. 302(b), 452, 504, 337-H(2), 114, 147, 148 & 149---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, assault or wrongful restraint, rash or negligent act to endanger human life or personal safety of others, abettor present at the time of crime, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Contradictions and dishonest improvements in the statements of witnesses--- Effect--- Accused were charged for committing murder of the son of complainant---Record showed that the prosecution witnesses gave their contradictory evidence and made dishonest improvements in the case which created very serious doubt---Complainant during cross-examination stated that the deceased was brought by her to the hospital at 4-00 to 5-00 a.m. and they came to their village with the dead body at 4-00 or 5-00 p.m. whereas the witness/real brother of complainant stated during cross-examination that they brought the dead body at hospital at 9-00 a.m. and the doctor started postmortem at 9-30 a.m. and they returned to their village at 11-00 a.m.---Incident was an unseen incident and the story alleged in the FIR was a managed one and that was the reason that on the same day FIR was not registered and it was registered after four days after due deliberation and consultation---Even after the registration of FIR, the witnesses made improvements in the case in respect of the role assigned against the accused persons and their participation on reassessment was found to be dishonest, bacause of which conviction could not be maintained---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

MIANDAD CHANDIO vs State Ss — 2024 YLR 881 KARACHI-HIGH-COURT-SINDH

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