| Citation(s) |
|---|
| 2019 SLG 1342 2019 SLD 1342 2019 YLR 1146 |
Sindh High Court
Criminal Appeal No. D-05 of 2012, Criminal Acquittal Appeal No. D-15 and Criminal Revision Application No. D-33 of 2011, decision & hearing Dated: 10-05-2018.
KHADIM HUSSAIN M. SHAIKH, JUSTICE AMJAD ALI SAHITO, JUSTICE
Petitioner(s) by: Safdar Ali Bhutto (in Criminal Appeal No.D-5 of 2012).
Respondent(s) by: Safdar Ali Bhutto (in Criminal Revision Application No.D-33 of 2011).
Criminal Appeal No. D-05 of 2012, Criminal Acquittal Appeal No. D-15 and Criminal Revision Application No. D-33 of 2011, decision & hearing Dated: 10-05-2018.
KHADIM HUSSAIN M. SHAIKH, JUSTICE AMJAD ALI SAHITO, JUSTICE
Petitioner(s) by: Safdar Ali Bhutto (in Criminal Appeal No.D-5 of 2012).
Respondent(s) by: Safdar Ali Bhutto (in Criminal Revision Application No.D-33 of 2011).
MUHAMMAD WARIS AND OTHERS
VS
THE STATE AND OTHERS
Law: Pakistan Penal Code, 1860
Section: 147,148,149,302,302(b),324,504,
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(g)
Law: Criminal Procedure Code (V of 1898)
Section: 164,340(2),342,382B
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 504, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Withholding material evidence---Effect---Prosecution case was that the accused and co-accused persons armed with deadly weapons assaulted on complainant party---Accused made straight gun-shot fire at the father of the complainant with intention to commit his murder, which hit him and he fell down---Co-accused persons while abusing fired straightly upon them but they fell down---Injured was shifted to hospital but he succumbed to injuries---Motive behind the occurrence was alleged to be matrimonial affair between the party---Record showed that the charge was framed against accused and three co-accused persons, while the role attributed to co-accused was of directly firing at the complainant party but the evidence of the complainant and his witness was disbelieved by the trial court, which concluded in acquittal of two of them---Ocular account of the incident was furnished by complainant and his brother---Said witnesses had tried to support the case of prosecution but on deeper analysis, their testimony was found inconsistent---Complainant had identified all the accused persons present in the court to be same except two but the FIR reflected their names with specific role of directly firing at the complainant party---Complainant had admitted that he and his brother neither received any injury nor bullet or pellet marks hit their motorcycle and that he could not say that how many fires were made by accused upon them---Said witness had stated that he himself went to police station for obtaining letter and his father died 15/20 minutes after his reaching at hospital---Version of complainant was belied by his brother/ eye-witness, who in his examination-in-chief had deposed that complainant went to police station for lodging the FIR by leaving him and a witness; in his cross-examination, witness had deposed that the place of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492