ASHIQUE HUSSAIN KORAI vs State Ss — 2023 YLR 1160 KARACHI-HIGH-COURT-SINDH

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ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Motive was not alleged---Scope---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Complainant in his statement under S. 154, Cr.P.C., had not mentioned any motive in the commission of the crime by the accused---Complainant though had tried to explain the motive during the trial, but it could not be relied upon as it was an improvement at the trial stage---Appeal against conviction was dismissed in circumstances---Sentence of death was reduced to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Prosecution in order to prove its case had relied upon the evidence of four eye-witnesses including complainant---Record showed that the complainant lodged the FIR against accused on the same day with promptitude leaving no time to cook up a false case---Complainant in cross-examination, had stated that he knew the accused for the last 12 to 14 years, who was posted at Police Station and was a friend of his father---Evidence of complainant and eye-witnesses was found consistent, straight forward and confidence inspiring, which was sufficient to bring home the charge against the accused---Said eye-witnesses knew the accused as such they were easily able to identify him as there was sufficient light provided by generators and as such there was no need to hold an identification parade---Said witnesses were not chance witnesses as the complainant's shop was opposite the flat where the other eye-witnesses used to gather---Defence had failed to dispute the presence of eye-witnesses at the time of incident and their evidence was found to be reliable, trustworthy and confidence inspiring, duly supported by the medical evidence and could be relied upon---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Motive was not alleged---Appeal against conviction was dismissed, however, and the sentence of death was reduced to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Absconsion of accused---Scope---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Record showed that accused remained absconder and was arrested after four months---Conduct of accused and unexplained absconsion was also corroborative piece of evidence against him to connect him in the case---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Motive was not alleged---Appeal against conviction was dismissed, however, sentence of death was reduced to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State S.302(b)---Qatl-i-amd---Statement of single witness--- Scope--- Conviction in murder case, could be based on the testimony of a single witness, if the court is satisfied that the witness is reliable. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention---Appreciation of evidence--- Sentence, reduction in---Medical evidence--- Post-mortem examination not conducted---Effect---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Medical Officer issued Medico-Legal Certificate were produced before the Trial Court---No post-mortem examinations of the deceased were conducted, however the deceased were medically examined by Medical Officer, when they were in injured condition---Medical Officer stated that deceased received fire arm injuries---All material particulars had been mentioned in the medical certificates produced before Trial Court, therefore, failure to conduct post-mortem of deceased in such circumstances would not demolish the prosecution case---Deceased persons died due to fire arm injuries---Findings of the Trial Court in that regard required no interference---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, motive was not alleged, therefore appeal against conviction was dismissed, however, the sentence of death was altered to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Motive alleged at trial stage by complaint which was not relied---Effect---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Admittedly, if motive was not alleged at proper stage or was not proved, normally the sentence of death was converted into imprisonment for life---In such circumstances, appeal against conviction was dismissed the sentence of death was reduced to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention---Appreciation of evidence---Non-recovery of weapon of offence--- Reliance--- Scope--- Accused were charged for committing murder of the cousin of complainant and his wife by firing---Motive was not alleged---No weapon of offence was recovered from the accused---Effect---Non recovery of murder weapon from the accused was inconsequential, as he absconded for four months and would have got rid of the murder weapon during that period---Accused was not expected to keep it as a trophy---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, appeal was dismissed and the convictions of the accused on the charge under S.302(b), P.P.C. were maintained, but, reduced the sentence from death to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, common intention---Appreciation of evidence--- Defence plea---Scope---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Accused raised plea of alibi---No cross-examination of any prosecution witness was made on the point of alibi, thus, the eye-witnesses and other corroborative evidence had proved that the accused murdered the deceased---High Court observed that with regard to the murder of lady deceased, no other conclusion could be drawn except that the accused or his son shot her, because the accused and his son were alone with lady deceased in her flat when the eye-witnesses heard the gunshot from her flat and they rushed to her flat within minutes of the shot the accused and his son were coming from out of the flat---No other explanation except that the accused murdered the lady deceased---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Motive was not alleged---Appeal against conviction was dismissed, however, the sentence of death was reduced to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Minor contradictions in the statement of witness---Scope---Accused were charged for committing murder of the cousin of complainant and his wife by firing---No major contraction in the statement of witnesses had been pointed out by the defense---Minor contradictions/ omissions in the evidence of eye-witnesses was natural phenomena and no importance could be attached to such minor contradictions---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Motive was not alleged---Appeal against conviction was dismissed and, however, sentence of death was reduced to life imprisonment in respect of each murder. Citation Name: 2023 YLR 1160 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHIQUE HUSSAIN KORAI VS State Evidence--- Direct evidence---Corroboration---Admissibility---If court is satisfied about the truthfulness of direct evidence then the corroborative evidence is not of much significance---Corroboration is not a rule of law but is that of prudence.

ASHIQUE HUSSAIN KORAI vs State Ss — 2023 YLR 1160 KARACHI-HIGH-COURT-SINDH

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