| Citation(s) |
|---|
| 1981 SLG 3279 = 1981 SLD 3279 = 1981 PCRLJ 1313 |
Sindh High Court, Sukkur Bench
Criminal Appeal No. 18 and Confirmation Case No. 3 of 1979, decided on 5th February. 1981.
Presented By: Abdul Hafeez Memon, and K. A. Ghani, JJ
Azizullah K. Sheikh for Appellants. Sarfraz Ahmad. Asstt. A.-G. for the State,
Criminal Appeal No. 18 and Confirmation Case No. 3 of 1979, decided on 5th February. 1981.
Presented By: Abdul Hafeez Memon, and K. A. Ghani, JJ
Azizullah K. Sheikh for Appellants. Sarfraz Ahmad. Asstt. A.-G. for the State,
NAUHAT AND 2 OTHERS-----Appellants
VERSUS
THE STATE-----Respondent
Law:
Section:
(a) Criminal trial Evidence, appreciation of-Delay, effect of---Parcel contain in taken from place of murder sent to Chemical bloodstained earth Examiner with delay of 12 days and report in respect thereof from him after a period of almost 8 months-Parcels con-received raining empty allegedly recovered from place of occurrence and crime gun recovered on pointing of aroused sent simultaneously to Firearms Expert, with a delay of about 2 months-Delay in sending incriminating articles to Experts, held detracts from their evidentiary value and could not be relied upon, in circumstances.-[Delay Evidence]. Wazir v. State P L D 1960 Kar. 674 rel. (b) Criminal trial Evidence, appreciation of-Report of Ballistic Expert containing no reasons in support of his opinion'-Such report, held, of no evidentiary value and could not be relied upon. in circumstances.- [Evidence---Expert]. Manzoor v. State P L D 1979 Kar. 276 rel. (c) Peax1 Code (XLV of 1860) S. 302--Murder---Evidence, appreciation of -Benefit of doubt- --Evidence produced by prosecution not of nature of unimpeachable character nor inspiring confidence-Such evidence also lacking corroboration from independent source and contradictory in material respects-Accused given benefit of doubt and acquitted, in circumstances.----[Evidence-Benefit of doubt]. Date of hearing: 8th December, 1980. JUDGMENT K. A. GHANI. J.--Naubat son of Amir Bux Bangalani was convicted under section 302/34, P.P.C. for having been found guilty of the murder of Bahadur Ali son of Sohrab by Sessions Judge, Jacobabad by judgment passed on 19th May, 1979. He has been sentenced to death and to pay fine of Rs. 1,000, in default of payment of fine to suffer further R. I. for one year if sentence of death is…