MANSOOR AHMED vs State S — 2023 YLR 1227 KARACHI-HIGH-COURT-SINDH

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MANSOOR AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died while two were injured---Dispute on the rotation of water for irrigating the land was motive behind the occurrence---Ocular account had been furnished by three eye-witnesses---All the three eye-witnesses deposed against the accused with specific role of causing fire shots from their respective weapons upon the deceased---Two of the eye-witnesses received firearm injuries at the scene and as such their presence had been established---Evidence of all three eye-witnesses was found to be reliable, trustworthy and confidence inspiring---All the three eye-witnesses were consistent on each and every point and were cross-examined by the defence but they were on one line and fully supported the case of prosecution---All three eye-witnesses knew accused persons and had a good look at the accused persons from close range---No doubt that the eye-witnesses had correctly identified the accused persons, especially as they had no reason to implicate them in a false case---In the circumstances no identification parade was required with respect to accused persons who were named and given a specific role in the FIR---No material contradiction was pointed out by the defence---Ocular evidence furnished by the eye-witnesses was further corroborated by the medical evidence and other circumstantial evidence---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1227 KARACHI-HIGH-COURT-SINDHBookmark this Case MANSOOR AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Quantum of punishment---Deterrent punishment---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person was died while two were injured---Act of the accused persons was gruesome and merciless, keeping in view the brutality of the crime, where one innocent person was murdered and two were injured on their lands when they were taking water of their share to irrigate the land---In presence of aggravating circumstances and the need to discourage such kind of offences, which were most common and remained so, a deterrent sentence was the appropriate one---Appeal against conviction was dismissed and Murder Reference was answered in affirmative, in circumstances. Citation Name: 2023 YLR 1227 KARACHI-HIGH-COURT-SINDHBookmark this Case MANSOOR AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of 24 hours in lodging the FIR---Effect---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died while two were injured---Incident took place at 06.00 p.m. and the FIR was registered on the next day at 03.00 p.m.---Delay was explained by the complainant and the prosecution witness by deposing that after the incident complainant immediately informed the police on telephone and on the information police reached at the hospital where they first took the two injured persons who after getting first-aid were referred to Civil Hospital for better treatment---Said fact had also been admitted by the Investigating Officer and the complainant---Medical Officer also deposed that injured were brought in hospital and they after the first-aid were referred to Civil Hospital---Delay if any in registration of the FIR was properly explained by the complainant---Delay if any occurred in the registration of FIR was not fatal to the case of prosecution---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1227 KARACHI-HIGH-COURT-SINDHBookmark this Case MANSOOR AHMED VS State Minor contradictions--- Scope--- If prosecution established its case beyond reasonable doubt and if there are some minor contradictions which always were available in each and every case as no one could give evidence like photograph, such might be ignored. Citation Name: 2023 YLR 1227 KARACHI-HIGH-COURT-SINDHBookmark this Case MANSOOR AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Motive was proved---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died while two were injured---Record showed that the motive as asserted by the prosecution was properly investigated by the Investigating Officer who collected the share list of rotation of water from the irrigation department and the same was produced by him during the evidence---Further the Investigating Officer was cross-examined on that point who stated that deceased was murdered due to dispute over rotation of irrigation water---Said witness further stated that from perusal of share list it came to his knowledge that at the time of incident the turn of getting water was of complainant party---From all those facts it was established that the prosecution had proved the motive for the murder by producing oral as well as documentary evidence---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1227 KARACHI-HIGH-COURT-SINDHBookmark this Case MANSOOR AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Related and interested witnesses---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person was died while two were injured---Defence alleged that the witnesses were related to each other and were interested and therefore their evidence could not be relied upon---Such contention had no force as in the case in hand the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence---Two of three witnesses produced by the prosecution were injured eye-witnesses and no substance had been brought on record by the accused persons to justify their false implication in the case at the hands of the complainant party---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence---Appeal against conviction was dismissed accordingly.

MANSOOR AHMED vs State S — 2023 YLR 1227 KARACHI-HIGH-COURT-SINDH

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