Abdul Latif vs State Ss — 2026 YLR 500 KARACHI-HIGH-COURT-SINDH

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Abdul Latif VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Justification for the presence of witnesses at the time and place of occurrence not proved---Chance witnesses, evidence of---Accused were charged for committing murder of the nephew of complainant by strangulating him with a rope---Complainant deposed that a witness, who was his brother-in-law, resided in a village, which was situated at a distance of about 12 kilometers from the place of occurrence---Complainant further admitted that other witness also brother-in-law of the deceased, was a resident of a village, located at a distance of about 6 kilometers from the house of the deceased---Complainant himself was resident of a Deh, which was approximately 5 kilometers from the deceased's residence---Thus, it was manifest that the complainant and the witnesses were in fact "chance witnesses" and as such, were under a strict obligation to furnish convincing and plausible reasons for their presence at the place of occurrence at the relevant time and further to substantiate their presence by producing some tangible and reliable proof thereof---However, it was observed that the complainant and the said prosecution witnesses had utterly failed to provide any consistent or credible explanation as to their presence at the scene of occurrence---In the absence of any cogent justification for their presence at the house of the deceased, their testimonies became highly doubtful, particularly in light of their conduct as reflected from the prosecution case---Despite the allegation that said witnesses witnessed appellant sitting on the chest of the deceased while strangulating him with a rope with co-appellant holding the hands of her husband/deceased, they neither attempted to apprehend appellant nor restrained co-appellant, who not only remained present at the place of occurrence but also allegedly confessed before them that, due to maltreatment by her husband, she, with the assistance of her cousin/appellant, murdered the deceased by strangulation---Failure of the complainant and witnesses to act in such circumstances further rendered their presence and testimony highly questionable---Appeal against conviction was allowed, in circumstance.

Abdul Latif vs State Ss — 2026 YLR 500 KARACHI-HIGH-COURT-SINDH

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