MUHAMMAD YASEEN alias MAMA GADDI vs State Ss — 2023 PCrLJ 1404 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1404 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD YASEEN alias MAMA GADDI 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

MUHAMMAD YASEEN alias MAMA GADDI VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Post-mortem was not conducted---Effect---Accused was charged for making firing upon the complainant and his friend, when friend of complainant made joke with him, both received injuries on their abdomen, due to which complainant became injured but his friend died---Post-mortem examination of deceased was not conducted but the defence did not challenge the factum of unnatural death of deceased---Medical Officer was cross-examined but nothing favourable to accused came on record---No doubt post-mortem examination of the deceased was not conducted,but deceased was medically examined by Medical Officer, when he was in injured condition---Medical Officer stated that deceased received one fire arm injury at his right thigh---All material particulars had been mentioned in the medical certificate produced before Trial Court, therefore, failure to conduct post-mortem of deceased, in such circumstances would not demolish the prosecution case---Deceased died unnatural death due to fire arm injury and injured had also sustained fire arm injury as described by the Medical Officer---Finding of Trial Court in that regards required no interference by the High Court---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed---Sentence was reduced to imprisonment for life due to mitigating circumstances.

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