Citation Name: 2025 PCrLJ 1062 KARACHI-HIGH-COURT-SINDHBookmark this Case Munawar alias Munni vs State Ss

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Citation Name: 2025 PCrLJ 1062 KARACHI-HIGH-COURT-SINDHBookmark this Case Munawar alias Munni VS State Ss. 394, 397 & 34---Robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Discrepancies in the statements of witnesses---Accused were charged for committing robbery with the complainant party and also causing injuries to three persons---Complainant in his cross-examination had admitted that though it was mentioned in the FIR that accused had made straight firing but it was not mentioned as to who and how many fires were made---Though the place of incident (shop) was surrounded by many houses as well as shops yet none from the surrounding was arrayed as a witness---No blood stained clothes of the injured were produced by the Investigating Officer---One accused "SC" was arrested but later was released by the police being suspicious---Injured witness/watchman had deposed in his examination-in-chief that on 03.12.2020 he came to the town for his personal work, meanwhile he found three accused in the shop, who after committing robbery, rushed out; upon resistance, one of the accused caused firearm shots on him which hit him on his chest, after which, he fell down---Said witness further admitted that he was not examined by the police---However, injured witness had identified the accused "D" before the Trial Court, however, he could not identify the remaining accused---In his cross-examination, said witness admitted that before the incident, accused "D" was not known to him and his name was disclosed to him by a shop owner---Injured witness admitted in his cross that he inflicted lathi blows to accused "D"; however, same lathi was not secured by the police nor he produced same as case property, in contravention of his evidence---In his cross-examination, shop owner deposed that names of accused were disclosed to him by the police---Said witness further admitted in his cross that on 16.12.2020 he along with complainant went to District "MK" and when they reached at Police Station, accused "D" was found in the lock up of that Police Station---On 21.12.2020, accused "D" was brought to Police Station from jail, and at that time he along with complainant and other witness went to see accused "D" at the Police Station before the identification parade---After incident 15/20 persons gathered at the spot and name of accused "D" was disclosed to him by the police---Another witness had deposed in his examination-in-chief almost same facts as were deposed by witnesses---Police witness admitted in his cross-examination that he did not produce daily diary entry dated 23.01.2021 nor he verified the ownership of alleged recovered motorcycle from Excise Department---He even did not produce such entry showing his departure from Police Station to Civil Hospital for collecting final medical certificate---Investigating Officer admitted in his cross-examination that contents of the memo showed that the cash amount recovered on the pointation of accused "M" was kept by him in a plastic shopper but the colour of said shopper was not mentioned in the memo and said plastic shopper was not available before the Court---Motorcycle was recovered from the land of one "YQ"; however, said "YQ" was not made as witness in instant case nor he had been arrayed as an accused in the crime---Admittedly, Investigating Officer had not recorded the statement of owner of the motorcycle---Admittedly, witnesses did not disclose name of accused "M" in their statements under S.161, Cr.P.C; however, at belated stage they were examined under S.162 Cr.P.C whereby they disclosed name of accused "M"---Said accused was not subjected to identification test, though Investigating Officer made entry into Roznamcha/daily diary, however, he did not produce such copy before the Court---Appeal against conviction was allowed, in circumstances.

Citation Name: 2025 PCrLJ 1062 KARACHI-HIGH-COURT-SINDHBookmark this Case Munawar alias Munni vs State Ss — 2025 PCrLJ 1062 KARACHI-HIGH-COURT-SINDH

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