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SOOMAR BHEEL vs State Ss — 2022 PCrLJN 43 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 43 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SOOMAR BHEEL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

SOOMAR BHEEL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account was supported by medical evidence---Accused were charged that they with their common intention committed murder of the uncle of the complainant with hatchet blows---Ocular account of the incident had been furnished by three eye-witnesses---Neither the lighting nor the correct identification of the accused was at issue---Complainant had no enmity with the accused and had no reason to falsely implicate them in the case---Statements of eye-witnesses under S. 161, Cr.P.C., were also taken without delay being within two days of the incident---Complainant was not shattered during cross-examination---Uncle of complainant was murdered and as such he would have no interest in substituting the accused with the real murderer---No reason existed to disbelieve evidence of complainant which was found reliable, trust worthy and confidence inspiring, as he had correctly identified the accused who murdered the deceased by hatchet whilst co-accused was present with a pistol at the time of the murder and who held them captive for two to three hours after the murder and who was correctly identified in court---Complainant also corroborated the evidence of eye-witnesses in all material respects---Both the eye-witnesses corroborated the evidence of complainant as well as with each other in all material respects---Medical Officer who carried out the post-mortem of the deceased found three incised wounds on the body of deceased and stated that the cause of death was due to sharp cutting substances---Evidence of Medical Officer was not challenged in cross-examination and clearly showed that the injuries/wounds which led to the death of the deceased were caused by a weapon such as a hatchet---Medical evidence, in circumstances, fully supported the oral evidence---Appeal against conviction was dismissed, in circumstances.

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