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

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MUHAMMAD YASEEN alias MAMA GADDI VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Scope---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---Record showed that the injured narrated the whole story of the occurrence---Injured witness was cross-examined at length but nothing favourable to the accused came on record---Mother of the deceased was also examined, she stated that as soon as she came to know about the incident, she reported matter to the police and FIR was lodged against accused---Investigating Officer had carried out investigation and finally submitted challan against accused under S. 512, Cr.P.C.---Ocular evidence of injured was fully corroborated by the medical evidence---Defence criticized ocular evidence on the ground that it was interested because injured was friend of deceased---No doubt, ocular evidence of interested witness could not be accepted without corroboration, but in the present case evidence of injured witness had been corroborated by the medical evidence---Evidence of solitary injured eye-witness was quite reliable and confidence inspiring as he had no motive/enmity to falsely implicate the accused in the case---Presence of injured was established as he had received firearm injury---Evidence of injured witness was reliable and trustworthy---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed, however, sentence of accused was reduced to imprisonment for life due to mitigating circumstances.

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

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