GHULAM ALI vs State Ss — 2023 PCrLJN 91 KARACHI-HIGH-COURT-SINDH

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GHULAM ALI VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Non-recovery of weapon of offence---Scope---Accused were charged that they in furtherance of their common intention committed murder of the father of the complainant by firing---Allegedly, at the time of arrest and during the investigation of the case crime weapons allegedly used by the accused persons at the time of offence were not recovered, therefore, the accused persons could not be connected with the alleged murder of the deceased---Such contention of defence had no force in view of the fact that all the prosecution witnesses supported the case of prosecution by deposing that the accused persons along with other co-accused directly fired from the weapons which hit the deceased---Direct evidence of said witnesses was further corroborated by medical evidence as the Medical Officer who examined the deceased had found several firearm injuries further corroborated by the recovery of the empties from the place of vardat---However, where charge was proved by other direct, natural and confidence inspiring evidence, then non-recovery of crime weapon alone was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case against the accused persons beyond a reasonable doubt by producing reliable, trustworthy and confidence inspiring evidence---Appeal against conviction was dismissed, in circumstances.

GHULAM ALI vs State Ss — 2023 PCrLJN 91 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported