AHSAN MAHAR vs State Ss — 2023 PCrLJ 503 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 503 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: AHSAN MAHAR 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

AHSAN MAHAR VS State Ss. 302(b), 337-H(2), 504, 114, 148 & 149---Qatl-i-amd, rash and negligent act, intentional insult with intent to provoke breach of peace, abettor present when offence was committed, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Recovery of weapon and crime empties---Scope---Accused were charged that he and co-accused with common intention, by forming unlawful assembly, duly armed with weapon killed the uncle of the complainant by making firing---Record showed that one day after the incident the accused and two other co-accused were arrested by police on spy information by a bridge where a 7 MM rifle was recovered from the accused along with five 7 MM bullets---Co-accused was arrested unarmed which was the same as his position (unarmed) at the time of the incident as noted in the FIR---Said fact further supported the fact that the arrest took place at the time and place so given in evidence and that the rifle was not foisted on the accused as if that was a false arrest and recovery the police would most probably also have foisted a weapon on co-accused---Two empties of 7 MM were recovered from the wardat and same matched the rifle recovered from the accused by way of a positive Forensic Science Laboratory Report---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly.

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