GHULAM SARWER vs State Ss — 2023 PCrLJN 5 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.

GHULAM SARWER VS State Ss. 302, 148, 149 & 114---Qatl-i-amd, rioting with deadly weapons, unlawful assembly, abettor present when offence was committed---Appreciation of evidence---Ocular account corroborated by medical evidence---Scope---Accused were charged that they in furtherance of common intention committed murder of the brother of the complainant---Eye-witnesses had sufficiently explained the date, time and place of occurrence, as well as each and every event of occurrence in a clear cut manner---Parties were known to each other as was evident from their evidence and that was a daytime incident, there was no chance of mistaken identity of the accused---Witnesses who were present at the place of the incident were busy in gossip at the hotel after taking tea, hence they were natural witnesses---Where the witnesses fell within the category of natural witnesses and gave a detail of the incident in a confidence inspiring manner their evidence would not be brushed aside---Deceased was the brother of the complainant and then normally the possibility of substitution became rare---No material had been brought on record by the accused to show that deep-rooted enmity existed earlier between the parties, which could have been the reason for the false involvement of the accused in the case---Although, the witnesses were cross-examined by the defence at length, wherein defence asked multiple questions to shatter their confidence so also their presence at the scene of occurrence, but could not extract anything in favour of the accused---Witnesses remained consistent on all material points---Prosecution evidence had also found corroboration from the medical evidence concerning the injuries and time of the incident, which was evident from the evidence of the Medical Officer who had conducted post-mortem examination upon the dead body of the deceased---Said witness deposed that injuries were ante-mortem and caused by due to discharge from firearm weapons---Injuries individually and collectively were sufficient to cause death in the ordinary course of nature---Circumstances established that prosecution had proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly.

GHULAM SARWER vs State Ss — 2023 PCrLJN 5 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported