| Citation(s) |
|---|
| 2023 SLG 497 2023 SLD 497 2023 PCRLJ 441 |
Sindh High Court
Criminal Appeal No. S-16 of 2014, decision Dated: 28th February, 2021. heard on: : 19th February, 2021.
ZULFIQAR ALI SANGI, J
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Criminal Appeal No. S-16 of 2014, decision Dated: 28th February, 2021. heard on: : 19th February, 2021.
ZULFIQAR ALI SANGI, J
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HYDER ALI
VS
The STATE
Law: Penal Code (XLV of 1860)
Section: 302(b),210
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 210---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of his wife---Admittedly, there was no eye-witness of the incident and the FIR was registered by police on spy information---Complainant on receipt of information went to the place of incident which was stated to be the house of accused, but complainant did not enter the house to verify the information received by him nor he inquired from the adjacent houses---Conduct of the complainant, who was a Police Officer, seemed to be doubtful in the given circumstances---Empties and the blood from the house where incident stated to have taken place were not recovered---Even it was not established from the evidence of the witnesses that where and in what manner the incident took place---No independent witnesses were examined including the close relatives of the deceased, who knew that the deceased died and was buried in the graveyard and they also knew that where the graveyard was located---Said fact created very serious doubt in the prosecution case---Complainant also admitted during cross-examination that the relatives of the deceased also came at the time of exhumation of the dead body but he failed to record their statements---Circumstances established that the prosecution had failed to connect the neck of the accused with the crime in any manner whatsoever---Appeal against conviction was allowed, in circumstances. (b) Criminal trial--- ----Medical evidence--- Post-mortem--- Purpose of post-mortem examination was to ascertain the cause of death, number and locale of injuries, kind of weapon used in the crime and duration between injuries and death as well as death and post-mortem, however, medical evidence by itself did not raise finger towards any specific culprit. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 210---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender---Appreciation of evidence---Benefit of doubt---Extra-judicial confession made before the…
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