MUHAMMAD SAMI alias MUHAMMAD ADIL vs State Ss — 2022 YLRN 173 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SAMI alias MUHAMMAD ADIL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Minor contradictions---Scope---Accused was charged that he along with his co-accused committed murder of the brother of complainant by strangulation and then his throat was cut by knife---Record showed that all the witnesses were consistent in their evidence---If there were some contradictions in their evidence, same were minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the conviction of the accused---Evidence of the witnesses provided a believable corroborated unbroken chain of events from complainant's evidence that the deceased had gone to the cattle pen to collect money which was owed to him by the accused to complainant accompanying him to the cattle pen and meeting with the accused to the accused arrest and taking the police firstly to where the body was hidden at his cattle pen and later to where he had hidden the murder weapon (knife/churri) at his cattle pen to the supportive/ corroborative medical evidence to his confession before the Judicial Magistrate (later retracted) by the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however the case of prosecution was largely turned on circumstantial evidence, thus the death sentence was converted into life imprisonment---Appeal was dismissed with said modification in sentence.

MUHAMMAD SAMI alias MUHAMMAD ADIL vs State Ss — 2022 YLRN 173 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported