NISAR vs State Ss — 2023 MLD 1040 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1040 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: NISAR vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NISAR VS State Ss. 302(b), 324, 148, 149 & 337-H(2)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, rash or negligent act to endanger human life or personal safety of others---Appreciation of evidence---Non-recovery of crime weapon---Scope---Accused were charged for committing murder of two persons of the complainant party by firing including son of complainant---Contention was that crime weapon used by the accused persons at the time of offence was not recovered from the accused persons, therefore, the accused persons could not be connected with the offence had no force in view of that, all the prosecution witnesses supported the case of prosecution by deposing that the accused persons directly fired from their respective weapons which hit the injured and the deceased---Direct evidence of the witnesses was further corroborated by medical evidence as the doctor who examined the injured and the deceased had found firearm injuries on their person---If charge was proved by other direct, natural and confidence inspiring evidence, then non-recovery of crime weapon was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal was dismissed accordingly.

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