GHULAM ABBAS MAGSI vs State Ss — 2023 PCrLJ 355 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 355 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: GHULAM ABBAS MAGSI 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

GHULAM ABBAS MAGSI VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Non-recovery of crime weapon---Scope---Prosecution case was that the accused along with co-accused assaulted on complainant party, due to which, five persons were killed and five persons were injured---Contention was that crime weapon used by the accused at the time of offence was not recovered, therefore, the accused could not be connected with the alleged murders of the deceased---Such contention had no force in view of the fact that all the prosecution witnesses supported the case of prosecution including the injured witnesses by deposing that the accused along with other co-accused directly fired from the repeater which hit the deceased---Four other persons were also killed by the other accused persons and the witnesses also received firearm injuries---Direct evidence of witnesses was further corroborated by medical evidence---Same was further corroborated by the recovery of the empties of .12 bore cartridges from the place of vardat---If charge was proved by other direct, natural and confidence inspiring evidence, then non-recovery of crime weapon was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt--- Appeal against conviction was dismissed accordingly.

Other judgments reported in 2023 PCRLJ

2023 PCrLJ 1115 QUETTA-HIGH-COURT-BALOCHISTANNOOR ZAMAN VS State Site plan---Scope---Site plan is not a substantive piece of evidence to be used to contradict or counter the ocular acco…
2023 PCrLJ 583 KARACHI-HIGH-COURT-SINDHFAREED AHMED VS State S. 6---Prohibition of possession of narcotic drugs---Scope---Word "possession" has been used in the Control of Narcoti…
2023 PCrLJ 1146 KARACHI-HIGH-COURT-SINDHBARKAT ALI VS State Benefit of doubt---Principle---If a single doubt created reasonable doubt in a prudent mind about the guilt of the accus…
2023 PCrLJ 496 PESHAWAR-HIGH-COURTFAKHAR ZAMAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss.20, 21 & 24---Dignity of natural person, modesty of natu…
2023 PCrLJ 522 KARACHI-HIGH-COURT-SINDHDANISH VS State Ss. 354, 376(2), 337-J, 342 & 506(2)---prevention of electronicCrimes Ordinance (LXXII of 2007), S. 13(2)---Juvenile Justice…
2023 PCrLJ 1092 ISLAMABADJAVAD KHAN VS State Ss. 29 & 44---Penal Code (XLV of 1860), Ss. 419 & 420---Two sets of offences, cognizance of---Principle---Federal Invest…

Back to the case-law library · Search Pakistani case law in Urdu or English