Mst. Beena vs State Ss — 2026 YLR 11 KARACHI-HIGH-COURT-SINDH

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Mst. Beena VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Material witnesses not examined---Accused were charged for committing murder of brother of complainant by cutting his neck with a sharp edged weapon---According to the deposition of the complainant, she received information about the incident from the people of the mohalla as mohalla people were informed by real daughter of the complainant as well as step daughter of the deceased, as such she informed the people of the mohalla that her mother (complainant) along with co-accused had committed murder of her step-father/deceased---However, those mohalla people were not called as witnesses in the prosecution case and even the complainant in his cross-examination stated that the police did not record any statement from the mohalla people---Daughter of the complainant was also not examined by the Investigating Officer as her statement was very important but the prosecution was completely silent about her statement as according to the prosecution she was an eye-witness of the incident---Other witness, who deposed in chief that he received information about incident, then he proceeded toward the place of occurrence with his friends "F", "S" and "A" and met the appellant/accused and she revealed the commission of the murder by the co-accused---Prosecution was silent on the recording of statements of "F", "S" and "A"---In cross, the said witness deposed that he received information from one "J", who lived in same vicinity as when "J" when examined before the Trial Court he was silent that he gave any information to the witness about the incident---Said witness "J" in his chief examination deposed that one "K" who repaired the gutter line informed him that one baby girl disclosed that deceased was killed by signaling that his throat was cut down, and after receiving such information informed "J" regarding the incident---As per material available on record "K", who was the first informer of incident through baby girl,was not examined by the Investigating Officer---Said facts showed that in the case of prosecution, everyone put the weight on others---Appeal against conviction filed by accused/appellant was allowed, in circumstances.

Mst. Beena vs State Ss — 2026 YLR 11 KARACHI-HIGH-COURT-SINDH

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