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

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Aurangzeb Khan VS State Ss. 324, 337-F(iii), 337-F(v), 337-H(2), 148 & 149---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---Discrepancies in the prosecution case---accused were charged that they made firing upon the complainant party for their murder; and cousin of complainant was hit and injured---Pursuant to the complainant, the patient was initially transported to the agra Hospital after getting letter from Police subsequently transferred to the Civil Hospital and then referred to other hospital on the following day---Complainant did not disclose that the attending Medical Officer at the agra Hospital had referred them for X-ray, though the record indicated that the patient had been referred for X-ray---Injured had remained completely silent regarding whether he was examined by the Medical Officer, referred to a radiologist, or transported to other hospital---However, the Medical Officer, in his testimony, stated that at the time of examination, the injured was conscious---astonishingly, except for the complainant's statement, there was no record indicating that the injured was referred to other hospital, whereas the Medical Officer testified that the injured was personally shifted to other hospital at K-(Karachi)---Injured did not provide any details regarding the anatomical location of the injuries, which he sustained---Such facts demonstrated significant discrepancies in the prosecution's case---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, accordingly.

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

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