JAHANZEB KHAN vs State Ss — 2023 PCrLJ 186 KARACHI-HIGH-COURT-SINDH

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JAHANZEB KHAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Accused was charged that he along with co-accused made firing upon the complainant party, due to one person died while complainant sustained injuries---Evidence of three eye-witnesses was corroborated by a Police Officer/witness who was informed that two of his relatives had sustained fire arm injuries by the accused and as such he rushed to hospital where he had seen complainant being treated in emergency and had seen the dead body of the deceased which was handed over to him---Other independent witness also corroborated the said evidence---Official witness stated that he saw the gunshot wounds on the deceased body which tied in with the eye-witness evidence---Said witness was also mashir to the S. 174, Cr.P.C report and stated that some of the gunshot wounds were caused by bullets whilst others were caused by pellets which tied in with the memo of examination of dead body of which he was mashir---Said witness also recorded his statement under S. 161, Cr.P.C on the same day which left no room for concoction and also corroborated the fact that the accused according to the eye-witnesses fired on the deceased with a pistol as opposed to a repeater---Medical evidence and post mortem report of Medical Officer fully supported the eye-witness/prosecution evidence as he confirmed that the deceased inquest report was carried out by other Medical Officer which he received from him in the hospital prior to carrying out the post-mortem of the deceased---Medical Officer had not only stated in his evidence that he was called to the hospital on account of gunshot wounds to the deceased and injured but had also exhibited such entry in respect of the same---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Prosecution had not been able to prove through evidence the motive for the accused murdering the deceased or attempting to murder complainant---Whether it was the pistol shot of accused which caused the fatal wound on the deceased which caused his death was not clear---Death sentence of the accused was reduced to one of life imprisonment---Appeal was dismissed with modification in sentence.

JAHANZEB KHAN vs State Ss — 2023 PCrLJ 186 KARACHI-HIGH-COURT-SINDH

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