GHULAM MURTAZA MEERANI vs State S — 2022 MLD 1382 KARACHI-HIGH-COURT-SINDH

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GHULAM MURTAZA MEERANI VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the son of the complainant by inflicting churri blows---Complainant had seen the incident clearly which was corroborated by the evidence of tapedar along with his sketch which also corroborated the fact that the complainant and other eye-witness were between 10 and 16 feet from the accused when he attacked the deceased with the churri---Occurrence was a day light incident and the complainant and other eye-witnesses knew the accused, they would have had no difficulty in identifying him as the attack went on for a few moments---Eye-witness was a natural witness and not a chance witness as he had come with his son to the Otak with his other relatives who all lived close by, except one who had come to visit his sister---Complainant lodged FIR with promptitude and named the other eye-witnesses in the FIR along with the accused with a specific role---Complainant had no enmity with the accused and had no reason to falsely implicate him---Evidence of complainant was not dented despite lengthy cross-examination---Complainant did not intervene in the attack because he was unarmed and he did not give chase as his priority was to take his son to the hospital---No significant improvements in his evidence from the FIR were on record so as to render it unreliable---Evidence of complainant was found to be reliable, trustworthy and confidence inspiring and conviction could be awarded on that evidence alone---Moreover, it did not appeal to reason, logic or commonsense that a father/complainant would let the murderer of his son go scot free by substituting him with an innocent person/accused---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly.

GHULAM MURTAZA MEERANI vs State S — 2022 MLD 1382 KARACHI-HIGH-COURT-SINDH

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