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

Case information

Citation
2022 PCrLJN 4 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ABDUL RAHIM vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

ABDUL RAHIM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Prosecution case was that the sister of complainant had been murdered by the brother of husband of deceased by firing---Matrimonial dispute between the brother-in-law of complainant and his brothers was the motive behind the said incident---Ocular account of the incident had been furnished by the complainant and husband of the deceased---Evidence of said witnesses was on one and the same line---Said witnesses were cross-examined by the defence but could not find any substantial material which could benefit the accused---Motive for her murder was also stated by her husband that accused was of the view that his wife used to instigate him for the dispute which was going on between the brothers---Examination-in-chief of said witness was recorded and he was cross-examined after about three and half years---Said witness was cross-examined at length but his evidence was not shattered---Said witness was inmate of the house, where incident took place, therefore, his presence was natural and further it was supported by other witnesses who on his information came and found him present in the house as well as they found dead body there---Medical evidence was in support of the ocular evidence---Medical Officer was examined by the prosecution who conducted the post-mortem of the deceased and exhibited the same in his evidence and the same had not been denied by the defence---Evidence of Medical Officer also supported the case of prosecution in respect of the weapon used in the commission of offence---Brother of accused/witness deposed that fires were made by the accused from repeater and as per the post-mortem report and evidence of the Medical Officer pellets were recovered from the body of deceased---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 the accused was reduced to imprisonment for life, in circumstances---Appeal against conviction was dismissed with modification in sentence.

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