HASSAN alias ALI HASSAN vs State Ss — 2022 YLR 2336 KARACHI-HIGH-COURT-SINDH

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HASSAN alias ALI HASSAN VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused was charged for committing murder of the son of complainant and his niece by firing---Motive behind the occurrence was the inter-se illicit relations of the deceased persons---Ocular account supported by medical evidence---Scope---Presence of the eye-witnesses, albeit questioned by the accused, in the house of complainant and then on the spot was natural---Eye-witnesses were not only in close relation with the complainant but were also residents of the same area---Emphasis of defence that as brother of complainant/witness had admitted in cross-examination that he was running a hotel in a town, his presence at the time of incident i.e. 4.30 p.m. was unbelievable was misconceived---Such revelation would not mean that said witness was not present at the spot---Running a hotel by said witness did not mean or require his physical presence in the hotel entire time from dawn to dusk---Commonly, a hotel was always run by entire family which some time included even cousins, uncles, etc. and they turn by turn remained present---Such revelation by said witness that he worked in a hotel or that he opened the hotel in the morning and closed at 12 p.m. would not cast a doubt on his claim that on the day of incident he was present in the house of the complainant and had reached the place of incident with her and another witness after hearing fire shot where he saw accused committing murders of the deceased---Record showed that there had occurred no mistake by the witnesses in narrating place and time of incident, no error in identifying the accused firing at the victim and no fault in classifying the weapon used in the commission of the offence--- Unshaken account of witnesses, despite lengthy but unfruitful cross-examination, was supported by medical evidence that gave exact account of locale of injuries sustained by the victims as narrated by them---Circumstances established that the prosecution had proved its case beyond shadow of doubt, but due to mitigating circumstances, death sentence was reduced to imprisonment for life---Appeal was disposed of accordingly.

HASSAN alias ALI HASSAN vs State Ss — 2022 YLR 2336 KARACHI-HIGH-COURT-SINDH

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