MUHAMMAD HANIF vs Syed SAFDAR ABBAS ZAIDI S — 2023 MLD 801 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD HANIF VS Syed SAFDAR ABBAS ZAIDI S. 302--- Qatl-i-amd--- Appreciation of evidence---Appeal against acquittal---Prosecution case was that the deceased/son of the complainant was shot by accused when the deceased attempted to rob the accused---Record showed that accused had admitted that after the deceased attempted to rob him at gun point he fired at and killed the deceased, however instead of fleeing from the scene accused called the police and an ambulance in order to save the life of the deceased which was not the action of a cold blooded murderer---First Information Report was filed with promptitude and therefore complainant had no time to cook up a false story---Even the police had recommended the case for closure in "C" class as the Investigating Officer believed it to be a case of self defence---Accused had no enmity with the deceased and had no motive to shoot and kill the deceased---Circumstances showed that it did not appeal to reason, logic or common sense that accused would commit the murder in cold blood whilst his young children were in the car and might have been endangered---Accused only fired one shot which was proportionate to the attack on him---If accused wanted to kill the deceased in cold blood then he would have most likely fired more than one time and certainly would not have called for an ambulance---Prosecution witness identified the deceased having robbed him earlier in the evening when he was shown his dead body in the morgue---Said witness had registered an FIR in respect of the incident---Stolen articles of the said witness were also recovered from the deceased---Said evidence to a large extent corroborated the evidence of accused that the deceased was a robber and when the deceased attempted to rob him at gun point and fired at him he had no option but to resort to a return of fire in self defence in order to save his life and protect the lives of his children---Contradictions in the evidence of the prosecution witnesses were of not such a materiality as to offset the acquittal and the failure of the prosecution to prove its case beyond a reasonable doubt---Circumstances established that there was no merit in the present appeal against acquittal---Appeal against acquittal was dismissed accordingly.

MUHAMMAD HANIF vs Syed SAFDAR ABBAS ZAIDI S — 2023 MLD 801 KARACHI-HIGH-COURT-SINDH

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