Citation Name: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDHBookmark this Case Bakhtiar Ali Domki vs State Ss — 2025 MLD 1508 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDHBookmark this Case Bakhtiar Ali Domki 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

Citation Name: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDHBookmark this Case Bakhtiar Ali Domki VS State Ss. 302, 114 & 34---Sindh arms act (V of 2013), Ss. 23(i)(a) & 25---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, abettor present when offence committed, common intention, possession of illicit weapon---appreciation of evidence---Benefit of doubt---Withholding material witness---Effect---accused was charged for committing murder of the brother of complainant by firing---Complainant in his evidence and FIR alleged that the incident had taken place during the peak hours of the day and witnessed by two witnesses and complainant himself---One of the witnesses was brother of complainant and other was his relative---Relative of complainant was not examined during trial, he was neither given up nor summoned to appear in the witness box---Evidence of said witness was crucial for the prosecution case as two other witnesses were brothers inter se and inimical towards accused---Non examination of the said witness led to a presumption that his appearance in the witness box would not have favored prosecution, as envisaged under art.129(g) of the Qanun-e-Shahadat Order, 1984---By withholding that best piece of evidence the prosecution itself created a doubt in its story, benefit of which would accrue in favor of the accused as a matter of right---Circumstances established that the prosecution had failed to prove its case against the appellant beyond shadow of reasonable doubt---appeal against conviction was allowed, accordingly.

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