ASHIQUE ALI vs State Ss — 2022 YLR 1211 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1211 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ASHIQUE ALI 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

ASHIQUE ALI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Related and interested witnesses--- Scope--- Accused were charged for committing murder of the father of complainant by firing----In the present case, defence objected that the witnesses were relative of deceased and were interested, therefore, their evidence could not be relied upon---Said objection of defence had no force as although the witnesses were relative to the deceased but they specifically deposed that complainant and the witnesses along with deceased were coming from the house of someone and when they reached near a medical store the incident took place---Complainant immediately approached the police station within fifteen minutes where his FIR was registered, he gave full particulars of the incident in the FIR, thereafter, police proceeded towards the place of vardat and referred the dead body for post-mortem, hence the presence of complainant and the eye witnesses at the place of incident fully established---Admittedly, witnesses were closely related to the deceased but fact of the matter remained that their mere relationship would not render them to be interested or partisan witnesses when the same had been corroborated with the medical evidence---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly.

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