KASHIF ALI alias MOJ vs State Ss — 2022 YLR 1960 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

KASHIF ALI alias MOJ VS State Ss.302(b), 324, 353, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery or dacoity with attempt to cause death, common intention---Appreciation of evidence---Related witnesses---Scope---Accused was charged that he along with his co-accused committed murder of the brother of the complainant while looting the complainant party, accused was apprehended at the spot---Defence laid stress on the fact that the alleged eye-witnesses and the mashir were close relatives of the complainant as well as the deceased---Out of the three alleged eye-witnesses, two were independent witnesses and they were not related to the complainant or the deceased---So far as complainant was concerned, certainly he was brother of the deceased but his evidence was confidence inspiring and the defence side could not succeed in shaking / shattering his evidence---Evidence of the eye-witnesses seemed to be unimpeachable and consistent with each other---Ocular account of the incident was fully supported by medical evidence as well as circumstantial evidence, particularly, the recovery of the crime weapon from the possession of accused and the positive report of the Ballistic Expert---No reason existed for discarding the evidence of the complainant/eye-witness merely on the ground that he was related to the deceased---Circumstances established that prosecution had succeeded in proving its case against accused beyond shadow of any reasonable doubt---Appeal against conviction was dismissed accordingly.

KASHIF ALI alias MOJ vs State Ss — 2022 YLR 1960 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 YLR