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---Motive not proved---Effect---Accused were charged for committing murder of the son of complainant---Motive is always a double-edged weapon---No doubt, previous enmity could be a reason for the accused to commit the alleged crime, but it could equally be a reason for the complainant side to falsely implicate the accused in this case for previous grouse---Complainant who was a lady during her cross-examination admitted the enmity with the co-accused persons on the Khulla obtained by her daughter from the person of the accused party through the court---Said fact was also admitted by complainant in the FIR however, she stated that there was no enmity with the present accused---In the absence of any enmity with the complainant party, the role assigned against the accused that he abetted the co-accused for murdering the deceased created very serious doubt and was unbelievable---Co-accused who had been assigned the direct role had enmity with the complainant party and the accused had no enmity, even though the accused had not played any active role at the time of the incident though he was stated to be armed with a gun---In such circumstances, the evidence so produced by the prosecution could not be relied upon safely and could not be made a basis to maintain the conviction---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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