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SHAH NAWAZ vs State Ss — 2022 PCrLJN 126 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 126 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SHAH NAWAZ vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAH NAWAZ VS State Ss. 302, 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of brother of the complainant and his three other relatives---Motive behind the occurrence was matrimonial dispute---Record showed that both the accused were specifically nominated by the complainant and injured witnesses with specific role and they were able to provide adequate details of the incident---Even after lengthy cross-examination, the evidence on material aspects of the case had not been shattered---In the present case, the murder was not carried out in a brutal manner by the accused---Some minor doubts was available with the prosecution case but it was not enough to hold that the prosecution had not proved its case against both the accused for the offences, they were charged with, beyond reasonable doubt---Complainant had alleged in the FIR that there was matrimonial dispute, however, during course of cross-examination, he had admitted that prior to the incident on 12.06.2003 co-accused made an application to SHO against deceased, two witnesses and seven others for illegal use of their irrigation water---Plea of accused was that there was dispute over kidnapping and selling of a lady---Accused had also alleged that they had been falsely implicated due to dispute over share of mother in the property---Prosecution had failed to prove the motive, so alleged---Charge against the accused had been proved---Allegation against accused was of causing sharp side hatchet blows to the deceased and injured witnesses and the presence of accused was confirmed by the witnesses---Said aspect of the case being one of the mitigating circumstances needed consideration---High Court accepting the appeal partly, converted death sentences awarded to the accused into imprisonment for life---Remaining conviction and sentences awarded to the accused by Trial Court were maintained, in circumstances.

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