AQEEL vs State Ss — 2023 MLD 156 KARACHI-HIGH-COURT-SINDH

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AQEEL VS State Ss. 302(b), 504 & 34---Qatl-i-amd, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused were charged for committing murder of the brother of complainant---Ocular account of the incident had been furnished by two eye-witnesses---Eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of occurrence in a clear cut manner---Said witnesses had denied the suggestions that they had not witnessed---Complainant and his witnesses were cross-examined at length, lengthy questions were asked to shatter their confidence and doubt their presence at the scene of occurrence, but the defence could not extract anything favourable from their mouth and they remained consistent on the material point---Direct evidence also found corroboration from the medical evidence of the Medico-Legal Officer concerning the cause of death and time of incident and weapon used in the commission of offence---Ocular evidence was further supported by the recovery of the knife and clip from accused---Knife (Churra) of the accused and bloodstained clothes of the deceased were sent to the office of the Chemical Examiner and found that articles stained with human blood---Prosecution witnesses were in line in respect of the vital points in their depositions and they could not be shaken during cross-examination---Availability of the accused at the place of the incident was also established through the evidence of the eye-witnesses---No major contradiction had been observed in their depositions---Parties were known to each other as was evident from their evidence, so there was no chance of mistaken identity of the accused---Where the witnesses fell within the category of natural witnesses and gave a detail of the incident in a confidence inspiring manner, their evidence would not be brushed aside---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, however, death sentence of accused was converted into life imprisonment, in circumstances.

AQEEL vs State Ss — 2023 MLD 156 KARACHI-HIGH-COURT-SINDH

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