HANIF vs State Ss — 2023 PCrLJN 32 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

HANIF VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace---Appreciation of evidence---Ocular account supported by medical evidence---Scope---Prosecution case was that the accused made firing upon the complainant party, due to which one nephew of the complainant was killed while other sustained firearm injuries---Ocular account of the incident had been furnished by complainant and injured witness---Complainant was a natural witness and not a chance witness as he and the other witness and deceased were local people who lived close to each other and worked on their agricultural land---Complainant knew the accused as he was related to him and lived in the same area, it was day light incident at 5.30 p.m. and he had seen the accused at a relatively close distance who did not have a muffled face---Identification parade was not required as complainant was easily able to correctly identify the accused and as such the identity of the accused was not in issue in the case---Defence had not suggested that complainant was not present at the scene and he had given the motive for the murder---Evidence of complainant accorded with FIR and the medical evidence---Complainant had no enmity with the accused and had no reason to falsely implicate him in the case---Despite lengthy cross-examination, evidence of complainant was not shattered and he recorded FIR within hours of the incident nominating the accused and giving him a specific role---Complainant also corroborated the evidence of eye-witness in all material aspects who was shot at the scene of the incident by the accused where the deceased was also killed---Evidence of complainant was reliable, trust worthy and confidence inspiring---Complainant had correctly identified the accused as a person who murdered the deceased by firearm and attempted to murder eye-witness---Complainant also identified the accused in court---Eye-witness was injured on the spot by firearm at the same time as the deceased was shot and as such his presence at the scene could not be doubted---Eye-witness corroborated the evidence of complainant in all material respects---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was dismissed, in circumstances.

HANIF vs State Ss — 2023 PCrLJN 32 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported