AMJAD ALI vs State Ss — 2023 YLR 1406 KARACHI-HIGH-COURT-SINDH

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AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, reduction in---First Information Report was lodged with promptitude---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body---FIR was lodged with promptitude within one hour of the incident---any slight delay was explained by the fact that the complainant took the injured to the hospital, which was his immediate priority, where the deceased expired and thereafter he immediately came to the Police Station and lodged his FIR, thus, there was no time for him to cook up a false case against the accused and the other co-accused who were named and given specific roles in the FIR---Even otherwise no specific/proven enmity had come on record between the accused and the complainant party which would motivate them to lodge a false case against him---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, quantum of---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body parts---Prosecution had failed to prove the motive for the murder, which justified reduction in sentence from the death penalty to the alternate sentence of life imprisonment, especially where the accused had spent a long period in custody---accused had been in custody for over nineteen years---Sentence of accused was reduced from death to the alternate sentence of life imprisonment, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, reduction in---Medical evidence---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body---Record showed that Medical Officer fully supported the eye-witnesses/prosecution evidence as he stated in his evidence that he carried out the post mortem of the deceased where he was found to have two stab wounds on the parts of the body as the eye-witnesses gave in their evidence---Said witness also examined and treated injured / eye-witnesses who were also found to have incised wound injuries which were consistent with knife injuries like the deceased---Eye-witness/injured was also examined and treated for a head wound which was consistent with his evidence concerning his injury---Injury of eye-witness was also consistent with his evidence of being stabbed---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, reduction in---Ocular account---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body---Ocular account of the incident had been furnished by complainant and two injured witnesses---Complainant was not a chance witness as he was sitting at his own hotel with his son, cousin and friends who were attacked by the accused and others---accused also lived close by and therefore was likely to be in the vicinity---Evidence of the complainant reflected that there had been no significant improvements in the FIR so as to render his evidence unreliable---Complainant had no proven enmity with the accused and had no reason to falsely implicate him in the murder of his son---Evidence of complainant was not dented despite lengthy cross-examination---Complainant did not intervene in the attack because he was unarmed and he did not give chase as his priority was to take his seriously injured son to hospital---Evidence of complainant was found to be reliable, trustworthy and confidence inspiring and could convict the accused on that evidence alone provided there was some supportive evidence---Injured eye-witness/ cousin of deceased corroborated eye-witness/complainant in all material respects---Said witness was named in the FIR as an eye-witness which FIR was lodged with promptitude---No significant improvements in his evidence so as to render it unreliable and the same considerations applied to him as to the complainant---Other injured eye-witness corroborated the eye-witness and complainant in nearly all material respects---Said witness was named in the FIR as an eye-witness shortly after the incident and gave his S.161, Cr.P.C. eye-witness statement shortly after the incident which left no room for concoction and the same considerations applied to him as to eye-witnesses---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, reduction in---Recovery of weapon of offence on the instance of accused---Reliance---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body---accused took the police where he had hidden the murder weapon i.e. the knife which was hidden in his house at a place which only he could have known about and as such could not have been foisted by the police---Said knife was stained with blood---No enmity had been suggested against any Police Officer and or the mashir and as such neither the police nor the mashir had any reason to falsely implicate the accused in the case and as such their evidence could be safely relied upon---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence--- Related witnesses---Phenomenon of substitution---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body parts---Father who was an eye-witness would not let the murderer of his son go scot free by substituting him with an innocent person/accused---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, reduction in---Police witnesses---Reliance---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body parts---Police witnesses had no enmity or ill will towards the accused and had no reason to falsely implicate him in the case by making up his arrest or foisting the knife on him---Evidence of the police witnesses could be fully relied upon, in circumstances---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1406 KARACHI-HIGH-COURT-SINDHBookmark this Case AMJAD ALI VS State Ss. 302, 324, 337-a(i), 337-F(i), 337-F(ii), 504 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention---appreciation of evidence---Sentence, reduction in---Minor contradictions--- Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries---all the witnesses were consistent in their evidence---Even if there were some contradictions in their evidence, same were minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the conviction of the accused---Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances---appeal was dismissed with said modification in sentence.

AMJAD ALI vs State Ss — 2023 YLR 1406 KARACHI-HIGH-COURT-SINDH

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