ORDER
SHEET
IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Cr. Acq.
Appeal No.S-113 of 2021
|
Date |
Order with signature of Judge |
1. For orders on office objection
at flag `A`
2. For orders on MA No.6148/2021
3. For hearing of main case
07-03-2022
Mr. Haji Shamsuddin Rajpar, Advocate for the appellant
.-.-.-. -.-.-.-.-.-.-.-.-
1. I have heard learned counsel for
the appellant and perused the impugned judgment. Perusal of impugned judgment
reflects that the trial court has acquitted the respondents/accused for the
following reasons:-
“Point No.1.
10. As regards to this point No.1, the prosecution has examined
complainant and other witnesses before this court but the prosecution has
remained failed to produce reliable evidence to connect accused persons with
commission of alleged offence.
Complainant deposed that they
went for treatment on day of incident but MC showed that victims came for
treatment on the next day of incident.
Complainant deposed
that they were taken to hospital by ASI/I.O of the case on the day of incident
but I.O denied. Complainant said that there is no house at the place of
incident except their own but I.O said that there are other houses. Injured
Iqbal is silent whether police has examined his injuries or not. The period of
injuries is doubtful as per time of incident and medical certificate.
Complainant has registered false FIR in order to usurp the amount of loan taken
by complainant from accused Munsif.
11. These variations of aforementioned points suggest interference
that no occurrence has taken place. In absence of any other independent
evidence and in the light of above discussion it cannot be said that
prosecution has successfully established its case against accused persons and
it is duty of the prosecution to prove its case against the accused beyond any
shadow of doubt, accused is not bound to prove his innocence. In the light of
above circumstances, the prosecution has failed to prove the case against
accused persons, therefore, under these circumstances the point No.1 is
answered as not proved.
Point No.2.
12. In view of above findings on point No.1, discussion and
circumstances, I acquit the accused persons Munsif
s/o Hassan Zardari, Mubeen
s/o Hassan Zardari, Ali Akbar s/o Nek Muhammad Zardari and Darwaish s/o Nek
Muhammad Zardari from the charge u/s 245(i) Cr.P.C.
Accused persons are present on bail, their bail bonds stand cancelled and
sureties stand discharged.”
2. I
have also gone through the impugned judgment which in my view is well-reasoned
and passed in accordance with law. Learned counsel for the appellant has not
been able to point out any illegality or irregularity in the impugned judgment.
Resultantly, the same is maintained and instant Criminal Acquittal Appeal is
dismissed.
JUDGE
Suleman
Khan/PA