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

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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---Qatl-i-amd, abettor present when offence committed, common intention, possession of illicit weapon---appreciation of evidence---Benefit of doubt---Motive not proved---Scope---accused was charged for committing murder of the brother of complainant by firing---Per prosecution story motive behind the commission of murder of deceased was dispute over landed property---Prosecution witnesses in the case were brothers of deceased, in their evidence recorded before Trial Court complainant deposed that the disputed land was agricultural and situated in C-(Chhatt) in Baluchistan Province and the said land was cultivable on rain water---Other witness deposed that disputed land was a plot of 5000 square feet situated in DMJ-(Dera Murad Jamali) Baluchistan---Said contradiction in the statement of prosecution witnesses being real brothers was material in nature, as the witnesses failed to mention the particular location of the land, as such an inference could be drawn that there existed no dispute over lands between deceased and accused party---Even to the admission of both the witnesses that no any case of civil nature was lodged against the accused persons---Even the title of lands or plot was not brought on record of Trial Court to establish that land or plot actually belonged to deceased on which the dispute was going on between the parties---No any witness from the place where the alleged land was situated was examined to lend support to the prosecution claim and to establish the motive that prompted the accused to assassinate the brother of complainant---Motive of the case remained shrouded in mystery and could not be established by the prosecution to believe that deceased was done to death for an enmity on lands---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.

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

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