ABDUL WAHEED vs State Ss — 2023 PCrLJ 611 KARACHI-HIGH-COURT-SINDH

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ABDUL WAHEED VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account corroborated by medical evidence---Effect---Accused was charged that he and co-accused committed murder of the cousin of the complainant by firing---Ocular account of the incident had been furnished by three eye-witnesses---Complainant being eye-witness deposed that the accused fired upon the deceased from his gun which hit him on his belly who after receiving the firearm injury fell down and expired at the spot---Complainant was cross-examined by the defence at some length but nothing favourable to the accused came on record---Other two eye-witnesses fully supported the version deposed by the complainant in all respects including the identity of the accused at the time of incident, role assigned against the accused, recovery of blood stained earth and the empty of cartridge from the place of incident by the Investigation Officer---Both the eye-witnesses were cross examined at length but their evidence was not shattered by the defence during their cross examination---Evidence of all the said three eye-witnesses was further corroborated by the Medico-Legal Officer, who conducted post-mortem of the dead body of the deceased---Medico-Legal Officer further deposed that after the post-mortem he was of the opinion that death of deceased occurred due to haemorrhage and shock, one injury was sufficient to cause death in ordinary course of life---Eye-witnesses had sufficiently explained the date, time and place of occurrence which was the house of the complainant as well as each and every event of the occurrence---Both the parties were known to each other and were residing in the same vicinity as was evident from their evidence, so there was no chance of mistaken identity of the accused---Record showed that all the eye-witnesses were residing in the same house therefore they were natural witnesses and detailed the incident in a confidence-inspiring manner---No reason had been brought on record by the accused to justify his false implication in the case at the hands of the complainant party---Circumstances established that the prosecution proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence---Appeal against conviction was dismissed accordingly.

ABDUL WAHEED vs State Ss — 2023 PCrLJ 611 KARACHI-HIGH-COURT-SINDH

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