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

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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---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---Complainant identified the accused, who was present in court, to be the same person who fired upon his brother, due to which he died, so also accused who ran away from the spot---Evidence of Head Constable was of worth importance---Said witness deposed that he along with Police Constable left police station for patrolling and when they reached at main road, they saw that two persons were coming on motorcycle and the people were chasing them---Both the accused persons were firing on them and on the voice of firing, they also chased them---When they reached near accused persons, they also started firing on police---Police also fired in self-defence---Subsequently, one accused was caught hold by them with the help of people, whereas another accused ran away from the spot---Said witness personally searched the accused and recovered one T.T. pistol along with one live bullet, cash, mobile and motorcycle from his possession---Another witness deposed that at 04.45 p.m. he was sitting in his Mohallah, meanwhile he heard the cries of dakoo dakoo---Said witness stated that he had seen that people were running and he followed them---During chasing the culprits, when they reached at main road, one dacoit fired from his pistol which hit on the chest of deceased, the brother of complainant---On commotion of firing, the police also reached there---Police also fired in the air and also apprehended accused---On personal search of apprehended accused, police recovered one pistol along with magazine containing one live bullet, one mobile and Rs. 200 from his possession---From the evidence of said alleged eye-witnesses of the case, it was apparent that they had fully implicated the accused in the commission of the alleged offence---From minute scrutiny of their evidence, it appeared that their evidence was consistent with each other on all material aspects/points---All of them were firm and unanimous on all material events and no such flexibility or any material lacuna in their evidence found which could damage/destroy the case of the prosecution---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

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