Citation Name: 2025 YLR 1321 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Jehanzaib vs State Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2025 YLR 1321 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Jehanzaib VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Last seen evidence not corroborated by independent evidence---Accused were charged for committing murder of the brother of complainant and his wife---Prosecution had extensively relied upon the testimony of tenant in a portion of the house of deceased---According to evidence of said witness, he had seen accused in the house of deceased on 22.11.2014 but according to medical evidence both deceased were done to death in between 24.11.2014 to 28.11.2014 which clearly showed that there was gap of two days, which was not explained---Said witness had not specifically mentioned first or second floor of the house where he had seen accused on 22.11.2014---Record showed that said witness was residing with his family in the said house, but prosecution had failed to examine wife of the said witness for the purpose of corroboration---Prosecution had also heavily relied upon the evidence of another witness, who deposed that on 23.11.2014, he had gone to a shrine to pray for his job, and it was morning time; that several persons were already there, when he heard gunshot report from adjacent house; that after 45 minutes of firing, when he was waiting outside the shrine, he saw that a person sitting on motorcycle and another person came out of the house of the deceased, and one of them was carrying a box in his hand; that after 5/6 days, he came to know from the people who had gathered at Shrine that husband and wife residing in the house adjacent to shrine from where he had heard gunshot had been killed and culprits had been arrested by the police; that after hearing this news, he went to Police Station to see the culprits---Said witness narrated this story to the Investigating Officer, who recorded his S.161 Cr.P.C statement on 15.03.2015---According to said witness, he appeared before the Magistrate on 17.03.2015 and identified accused persons in the identification parade---In the present case testimonies of witnesses on the aspect of last seen were extremely tenuous and lacked independent corroboration---Tenant of deceased/witness had not mentioned the date at which he had seen accused in the house of deceased persons---Said witness had not specifically mentioned about ground or first floor of the house where he had seen accused standing on the relevant date---Other witness was a chance witness, as he failed to plausibly explain his presence at the shrine on the day of incident---Said witness after hearing gunshot report did not narrate incident to anyone and remained calm for 04 months---Circumstantial evidence of last seen was not corroborated by independent evidence---Appeal against conviction was allowed, in circumstances.

Citation Name: 2025 YLR 1321 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Jehanzaib vs State Ss — 2025 YLR 1321 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 YLR