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---Circumstantial evidence---Scope---Accused was charged for committing murder of the son of complainant and his niece by firing---Recovery of crime weapon from the accused and positive forensic report qua its matching with empties recovered from places of the incident further sealed the frame around narration of incident given by the witnesses about role played by the accused---Record showed that there was no delay in sending the crime weapon and the empties, recovered on the same day, to Forensic Expert to induce any idea of contrivance in setting up such evidence against the accused---All such pieces of evidence tended to reflect a complete mosaic the incident was made of in which the involvement of accused in the offence was indelibly noticeable---No other hypothesis could be assumed in presence of such evidence except guiltiness of the accused---Acquittal of the accused in the case of recovery of the pistol from him would not have any adverse bearing on merits of the case---Such acquittal at the maximum would mean the prosecution was not able to establish its possession by the accused at the time of its recovery from him, or the manner and mode of recovery of the pistol from the accused, as asserted by the prosecution, had not be established---Pistol used by the accused to murder the deceased was altogether a different fact which had been proved not only from the evidence of eye-witnesses but from matching profile aligning the empties recovered from the spot with the pistol---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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