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

Case information

Citation: 2024 YLR 881 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: MIANDAD CHANDIO 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

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---Night time occurrence---Source of light not established---Effect---Accused were charged for committing murder of the son of complainant---Incident took place at 11.00 pm in the night and the identification of the accused was stated to be in the light of solar bulb---Solar or the bulb was not taken by the Investigation Officer nor was produced by the complainant party nor did the sketch/mashirnama of the place of wardat reflect the availability of the said solar bulb---In such circumstances, the identification of the accused persons at the time and place of the incident in the present case was doubtful---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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