MUHAMMAD NADEEM vs State Ss — 2023 PCrLJ 1297 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NADEEM VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Scope---Accused was charged that he along with co-accused committed murder of the brother of complainant during robbery---Ocular account of the incident had been furnished by the complainant being eye-witness---Although, the complainant did not know the accused it was day light incident at 10.00 a.m. in the morning and he was only ten paces from the accused at the time of robbery and shooting and as the incident lasted a few moments he would have got a good look at the accused whom he recognized in the police lock up only eight hours after the incident---Reliance, under circumstances, could be placed on the correct identification of the accused by the complainant especially as he had no reason to falsely implicate him in the case---Complainant lodged the FIR and recorded his S. 161, Cr.P.C. eye-witness statement on the same day which left no room for concoction---Evidence of complainant reflected that of his FIR and statement under S. 161, Cr.P.C., there had been no significant improvements in the same during his evidence so as to render his evidence unreliable---Evidence of complainant was not dented despite lengthy cross-examination---Complainant gave his evidence in a natural and straightforward manner---Medical evidence and reports fully supported the eye-witness/prosecution evidence---Medical evidence confirmed that the deceased was brought to the hospital suffering from one gunshot wound to the abdomen and he died on account of the gunshot wound as evidenced by his post mortem and death certificate---Blackening surrounding the wound was available which supported the prosecution case that the deceased put up resistance to the robbery and was thus shot at close range during the struggle---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt--- Appeal against conviction was dismissed accordingly.

MUHAMMAD NADEEM vs State Ss — 2023 PCrLJ 1297 KARACHI-HIGH-COURT-SINDH

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