GHULAM NABI vs State Ss — 2023 MLD 2060 KARACHI-HIGH-COURT-SINDH

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GHULAM NABI VS State Ss. 302(b), 324, 504, 337-H(2), 114, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rash and negligent act, abettor present when offence was committed, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Accused were charged for committing murder of two sons of the complainant by firing---Prosecution examined two eye-witnesses of the incident viz. complainant and one eye-witness---In the present case two eyewitnesses fully supported the case---Sole evidence of a material witness i.e. an eye-witness is always sufficient to establish guilt of the accused if the same is confidence-inspiring and trustworthy and supported by other independent source of evidence because the law considers quality of evidence and not its quantity to prove the charge---Accused can be convicted if the Court finds the direct oral evidence of one eye-witness to be reliable, trustworthy and confidence-inspiring---Moreover, there can be no denial to the legally established principle of law that it is always the direct evidence which is material to decide a fact (charge)---Failure of direct evidence is always sufficient to hold a criminal charge as 'not proved' but where the direct evidence hold the field and stand the test of it being natural and confidence-inspiring then the requirement of independent corroboration is only a rule of abundant caution and not a mandatory rule to be applied invariably in each case---In the case in hand, from the oral evidence produced by two eye-witnesses, it had been established that the accused used pistol for murdering deceased, which was further corroborated by recovery of crime empties and blood stained earth from the place of incident and recovery of crime weapon from possession of the accused---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

GHULAM NABI vs State Ss — 2023 MLD 2060 KARACHI-HIGH-COURT-SINDH

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