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Aurangzeb Khan vs State Ss — 2025 YLR 2403 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 YLR 2403 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
YLR
Parties
Aurangzeb Khan 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

Aurangzeb Khan VS State Ss. 324, 337-F(iii), 337-F(v), 337-H(2), 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, ghair jaifah hashimah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Material witness not proceed for evidence---Accused were charged that they made firing upon the complainant party for their murder; and cousin of complainant was hit and injured---Complainant stated that he, along with his witnesses, was present at the location where the accused party perpetrated the assault---Following the incident, complainant and his witnesses proceeded to the police station to obtain a letter of medical treatment---During the entry process at the police station, one "AH" reported the incident to the Police and got letter as per arrival entry No.11, produced by the Investigation Officer---Complainant did not disclose about the presence of the "AH" during his deposition---Investigation Officer did not include "AH" as a witness---However, the prosecution did not call "AH" as a witness during trial, despite his status as the first informer of the incident---Ocular set attested to the presence of other independent witnesses of the villagers---Nevertheless, the Investigative Agency did not record the villagers' account or collect their evidence, as would be required to ascertain the facts independently---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, accordingly.

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