MUHAMMAD URIS vs MUHAMMAD YAKOOB Ss — 2022 YLRN 107 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.

MUHAMMAD URIS VS MUHAMMAD YAKOOB Ss. 353, 337-F(i) & 504---assault or criminal force to deter public servant from discharge of his duty, ghayr-jaifah-damiyah, intentional insult with intent to provoke breach of peace---appreciation of evidence---Ocular and medical evidence--- Corroboration--- Scope---Prosecution case was that the complainant assaulted on WaPDa Employees while they were busy in removing old transformer, due to which one official became injured---Record showed that on the day of incident complainant along with injured and others went to the place of incident in order to perform their official duty being employees of WaPDa to replace transformer for which the accused refused to allow them to substitute the same because of difference in range---Said fact had been categorically deposed by the complainant during his examination-in-chief--- Such evidence also found support/corroboration from evidence of injured witness and other witness, who had also corroborated that accused had become annoyed, insulted the employees of WaPDa and pull down the transformer by using operating rod resulting one employee falling down and sustained injuries---Complainant and witnesses had established motive behind the above offence committed by accused---accused had failed to establish any mala fide or ill-will/enmity on the part of complainant and witnesses to have falsely implicated the accused in the present case---Fact of having sustained injuries by the injured was also corroborated by Medical Officer who had also produced medical certificate along with his final opinion that he had sustained injuries in terms of Ghayr Jaifah Damiah---Such fact was also corroborated by Investigating Officer and mashir of injuries by producing mashirnamas of injuries---On perusal of record it revealed that Trial Court and first appellate court had attended to all the material aspects of the case and had considered each and every important piece of evidence and after their proper appraisal rendered concurrent findings---accused had failed to point out any illegality, material irregularity and misreading or non-reading of material evidence available on the record to call for interference in revisional jurisdiction of the Court---Revision application was dismissed, in circumstances.

MUHAMMAD URIS vs MUHAMMAD YAKOOB Ss — 2022 YLRN 107 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported