29/2012 Cr.J.A Ali Nawaz alias Nazoo and another (Appellant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Irshad Ali Shah(Author)
Order Date: 24-APR-19
Appellants by preferring Criminal Jail Appeal against judgment whereby they have been convicted u/s 302(b) PPC and sentenced to death and sentenced u/s 201 PPC to rigorous imprisonment for seven years. According to FIR deceased Sanwan aged about 18 years used to ply Chingchi Rickshaw. In the morning he used to go from village to Kandiaro and in the evening he used to return to home. Allah Bux alias Alloo,. Ali Nawaz alias Nazoo and three unidentified persons came at the bus stop, they hired Rickshaw of Sanwan and took him away towards Lakha road side .Chingchi Rickshaw, which Sanwan used to ply was secured by police party of P.S Mehrabpur . Complainant admittedly is not an eyewitness to abduction or death of the deceased. His evidence, as such is of no help to the case of prosecution. It was stated by PWs Illahi Bux and Rahib that they intimated the complainant that his son the deceased has been seen by them going with the appellants and few unknown culprits through Chingchi Richshaw when and at what time such intimation was furnished by them to the complainant, which has made the very intimation on their part to the complainant to be doubtful. Complainant to have got published news in daily newspaper with regard to missing of his son, the deceased. In that situation, no much reliance could be placed upon evidence of PWs Illahi Bux and Rahib as they are appearing to be managed witness. They even otherwise have not seen the appellants committing the death of deceased Sanwan. Judgment is set-aside, the appellants are acquittedFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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