Haji Khan Notkani vs State S — 2026 YLR 852 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported

Haji Khan Notkani VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Statements of witnesses not supporting the prosecution case---Accused was charged for committing murder of the brother of complainant---Complainant was not an eye-witness to the incident---Testimony of complainant was essentially hearsay---Complainant deposed that he received information from friend of deceased that his brother had been injured and that the appellant admitted causing the injury---Complainant's reliance on information from others as to who committed the offence did not convert hearsay into direct evidence against an accused---Complainant himself did not witness the scuffle nor the assault and therefore, could not identify contemporaneously the assailant with such certainty as would safely sustain a conviction for murder---Prosecution witness, who was the host of the deceased and was present in the house, had also not supported the case of the prosecution---Said witness deposed that he was sleeping in his house situated a call distance from his otaque in another street---Said witness did not witness the actual occurrence---Statement of said witness also showed that he did not inform the police---Such conduct was also unnatural and casted serious doubt upon it---Another witness, who narrated the events in the course of cross-examination and corroboration, likewise did not furnish an independent and reliable eye-witness account implicating the appellant in the commission of the offence---Circumstances established that the prosecution failed to prove its case beyond shadow of doubt---Appeal against conviction was allowed, accordingly.

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Haji Khan Notkani vs State S — 2026 YLR 852 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2026 YLR