ABDUL RAHIM vs State S — 2022 PCrLJN 4 KARACHI-HIGH-COURT-SINDH

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ABDUL RAHIM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Related and interested witnesses---Scope---Prosecution case was that the sister of complainant had been murdered by the brother of husband of deceased by firing---Defence alleged that the witnesses were close relatives of the deceased and were interested therefore their evidence could not be relied upon---Held, mere relationship of the eye-witnesses with the deceased alone was not enough to discard the testimony of the complainant and his witnesses---In the matters of capital punishments, the accused would not stand absolved by making a mere allegation of dispute/enmity but would require to bring on record that there had been such enmity which could be believed to have motivated the "natural witnesses" in involving the innocent at the cost of the escape of "real culprits"---Where the natural witnesses were blood-relations then normally the possibility of substitution became rare---No material had been brought on record by the accused to show that any deep rooted enmity existed earlier between the parties, which could have been the reason for false involvement of the accused in the case, particularly when it was a case of single accused---Circumstances established that the prosecution had proved its case against the accused, however motive of occurrence had remained shrouded in mystery---Such factor had put the Court to caution in the matter of the sentence of death of the accused---Sentence of death of accused was reduced to imprisonment for life, in circumstances---Appeal against conviction was dismissed with modification in sentence.

ABDUL RAHIM vs State S — 2022 PCrLJN 4 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported