GHAFFAR MAHESAR vs State S — 2022 YLRN 109 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.

GHAFFAR MAHESAR VS State S. 302(b)---Sindh arms act (V of 2013), S.23(1)(a)--- Qatl-i-amd and recovery of fire-arm---appreciation of evidence---Substitution rare phenomena---Natural witnesses---Direct evidence---Mere relationship of eye-witnesses with deceased alone did not support the plea of accused that their testimonies were not worth believing---In matters of capital punishments, accused would not stand absolved by making a mere allegation of dispute / enmity but were required to bring on record that there had been such a dispute / enmity which could be believed to have motivated 'natural witnesses' in involving innocent at the cost of escape of 'real culprits'---Where natural witnesses were blood-relations then normally possibility of substitution had become rare---Minor discrepancies in statements of all eye-witnesses were not enough to demolish case of prosecution as discrepancies always occurred on account of lapse of time which could well be ignored---No discrepancy or discrepancies could be pressed for acquittal but defence had to bring on record the contradictions which too should be of a nature to cut at the root of prosecution towards their presence and manner of incident---Empties recovered from place of incident were fired from pistol recovered from accused---accused failed to point out any illegality or serious infirmity committed by Trial Court while passing judgment against accused---High Court declined to interfere in conviction and sentence awarded to accused as the same was based on correct appreciation of evidence by Trial Court---appeal was dismissed, in circumstances.

GHAFFAR MAHESAR vs State S — 2022 YLRN 109 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported