FARHAN AHMED vs State S — 2022 YLR 1085 KARACHI-HIGH-COURT-SINDH

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FARHAN AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused was charged for committing murder of his wife/sister of the complainant---Episode of incident had been furnished by solitary witness, who was real father of the accused, deposed that at 1/1:15 a.m. (night) when he was sleeping along with other family members, he heard commotions---Said witness along with his other sons went to the room of his son/accused and knocked the door but the knock went unheard, therefore, they made hole and opened the lock from outside and had seen that accused had churri in his hand and he had already cut the neck of his wife, they both were lying on ground, however, said witness had arranged ambulance---Victim was breathing, hence she was taken to the hospital where Doctors declared her dead, however, due to non-availability of lady doctor, the dead body of deceased was brought at another hospital---Police came at the hospital, examined the dead body and prepared inquest report---After conducting post-mortem the dead body was handed over to them for funeral---Witness was subjected to lengthy cross-examination by the defence, but nothing fruitful could be extracted from him---Witness stood firm to his stance---Evidence of said witness had been corroborated by the medical evidence coupled with recovery of bloodstained churri from the place of incident and bloodstained last worn clothes of deceased and the accused---Positive Forensic Science Laboratory Report established the crime---Presence of eye-witness on the spot was natural being father of the accused/inmate of the same house, his presence at the time of occurrence could not be doubted on any premise, whatsoever---Said witness was real father of the accused and was admittedly solitary witness of the incident---Said witness had no motive to falsely implicate his son in the murder case---Circumstances established that prosecution had proved its case against the accused, thus, conviction was upheld under S.302(b), P.P.C., but reduced the sentence of accused from that of the death penalty to life imprisonment---Appeal against conviction was disposed of with said modification in sentence.

FARHAN AHMED vs State S — 2022 YLR 1085 KARACHI-HIGH-COURT-SINDH

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