MUHAMMAD ZAFAR BAIG vs State Ss — 2022 YLRN 96 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ZAFAR BAIG VS State Ss. 302, 392, 397 & 34---Qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Ocular account supported by medical evidence--- Scope--- Allegations of prosecution against the accused were that while committing robbery in the house of deceased, they committed murder of deceased/husband of complainant---Complainant, was the most important eye-witness in the case---According to her, entire episode took place in her presence and she had seen the same right from beginning till its end---Complainant narrated entire occurrence in full details---Said witness was also cross-examined by defence at length, however, her deposition was consistent, confidence inspiring and unshaken---No contradiction was found in the deposition of the ocular account---Deposition of the Medico Legal Officer lent full corroboration to the deposition of the complainant with regard to time of the incident as well as distance from which one of the accused persons fired at the deceased---Second eye-witness of the case was daughter of the deceased, who narrated entire episode with clarity and confidence---Said witness came in picture after entry of the accused persons in bed room of the complainant on first floor from the factory below---Said witness stated that she was sleeping in her room which was adjacent to the room of her mother and she woke up due to some commotion and had seen the accused---Rest of her deposition was in complete consonance with deposition of her mother / complainant---Both, the complainant as well as her daughter, fully recognized the culprits in the court---Second eye-witness was cross-examined by defence but nothing could be extracted from her which could go in favour of the accused---Being real daughter of the deceased, she was a natural witness as the crime took place inside their house and no one from outside was expected to see the incident---No contradiction in between the depositions of the said two eye-witnesses was found---Deposition of said witnesses was confidence inspiring and worthy of reliance for recording conviction--- Circumstances established that the prosecution had established the charges against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

MUHAMMAD ZAFAR BAIG vs State Ss — 2022 YLRN 96 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported