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JINSAR ALI LASHARI vs State Ss — 2023 PCrLJN 82 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 82 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
JINSAR ALI LASHARI 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

JINSAR ALI LASHARI VS State Ss. 302(b), 114 & 34---Qatl-i-amd, abettor present when offence is committed, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Scope---Accused were charged for committing murder of the son of complainant by firing---In the present case, there was no denial of the unnatural death of the deceased---Evidence recorded in the case further indicated that all the prosecution witnesses had fully supported each other on all material points and their evidence was further corroborated by the medical evidence and recovery of the weapon used by the accused at the time of the incident---Though the witnesses were close relatives of the complainant and the deceased they had no strong motive to falsely implicate an innocent person in a murder case while substituting the actual culprit---Dispute shown by the complainant was on the rotation of water and the same had not been denied by the accused persons nor did they have any strong defence which might suggest that the accused had not murdered the deceased---However, the evidence produced by the prosecution was reliable, trustworthy and confidence-inspiring which was also supported by the medical evidence and other circumstantial evidence including the recovery of the crime weapon---Presence of witnesses at the time of the incident had been proved by the prosecution beyond any shadow of the doubt---From the perusal of the medical evidence, it established that the ocular evidence was in line with the medical evidence---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused, whereas the presence of the other two co-accused at the time of incident was highly doubtful---Appeal against accused was dismissed whereas the appeal against two accused was allowed, in circumstances.

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