WAQAF-UL-NABI vs State Ss — 2023 YLR 1436 KARACHI-HIGH-COURT-SINDH

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WAQAF-UL-NABI VS State Ss. 302(b), 324, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Delay of three and half hours in lodging FIR---Effect---Accused were charged that they in furtherance of common intention duly armed with pistols snatched cash and mobile phones from complainant party and ran away, complainant party chased them, they made firing upon complainant party, due to which one person died---Record showed that the FIR was lodged on the same day and the slight delay in lodging it had been explained by the facts and circumstances of the case whereby the deceased was shot and needed to get to hospital in order to save his life---Complainant reported the incident to a passing police mobile en route to the hospital a few minutes after the incident, leaving no room for the complainant to cook up a false case with the police after consultation and indeed the police gave chase to the persons on motor bike who had just recently passed them who had robbed and shot the deceased and robbed and attempted to kill the complainant and eye-witness who was sitting in the Prado when they were robbed and were present during the chase when the deceased was shot---Complainant then proceeded to the civil hospital where the deceased received first aid before being sent to hospital where he expired at 11.57 p.m.---FIR was lodged at 2.30 p.m. on the same day shortly after the deceased received first aid treatment at the hospital---No enmity existed between the complainant and the accused and thus he had no reason to implicate them in a false case---If the complainant wanted to falsely implicate the accused in the FIR he would have done so by naming them---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1436 KARACHI-HIGH-COURT-SINDHBookmark this Case WAQAF-UL-NABI VS State Ss. 302(b), 324, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Statement of eye-witness---Scope---Accused were charged that they in furtherance of common intention duly armed with pistols snatched cash and mobile phones from complainant party and ran away, complainant party chased them, they made firing upon complainant party, due to which one person died---In the present case, eye-witness was not a chance witness, as he was the witness who was actually robbed by the accused and gave chase when the deceased was shot by the accused---Eye-witness had no enmity with the accused and no reason to falsely implicate them in the case---Evidence of said witness was not dented despite a lengthy cross-examination and largely reflected that of his FIR and there had been no significant improvements in the same so as to render his evidence unreliable---Evidence of eye-witness was found to be reliable, trustworthy and confidence inspiring especially in respect of the correct identification of the accused as the persons who robbed him and the others and shot at them which led to the death of the deceased---Other eye-witness corroborated said eye-witness in 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 promptly which left no room for concoction and there had not been any significant improvements in his evidence so as to render it doubtful---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1436 KARACHI-HIGH-COURT-SINDHBookmark this Case WAQAF-UL-NABI VS State Ss. 302(b), 324, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Recovery of crime empties and cash on the pointation of accused---Effect---Accused were charged that they in furtherance of common intention duly armed with pistols snatched cash and mobile phones from complainant party and ran away, complainant party chased them, they made firing upon complainant party, due to which one person died---Cell phones and cash belonging to the accused were recovered from a hidden place by the police on the pointation of the accused which only the accused would have known about---Four empties were recovered from the area where the Prado was chasing the motor bikes and from where the culprits fired at the complainants party which led to the gunshot wound to the head of the deceased who later died on account of that injury for which there was a positive Forensic Science Laboratory Report---Numerous empties were also recovered from the area of the encounter (pistol, SMG and MP5 used by the police), which resulted in a positive Forensic Science Laboratory Report---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1436 KARACHI-HIGH-COURT-SINDHBookmark this Case WAQAF-UL-NABI VS State Ss. 302(b), 324, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Identification of accused---Scope---Accused were charged that they in furtherance of common intention duly armed with pistols snatched cash and mobile phones from complainant party and ran away, complainant party chased them, they made firing upon complainant party, due to which one person and died---Incident was a day light occurrence and the accused's faces were un-muffled---Robbery from three people would have taken at least 2 to 5 minutes and as such the eye-witness would have got a good look at the accused---Eye-witness again saw the accused in hospital about two hours later for a long while at close range at the hospital and thus he was easily able to identify them as the persons who had robbed them and fired on the deceased, therefore no identification parade was required, even otherwise both the accused were injured and needed medical treatment and as such it was not possible to hold an identification parade immediately after their arrest---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1436 KARACHI-HIGH-COURT-SINDHBookmark this Case WAQAF-UL-NABI VS State Ss. 302(b), 324, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Minor contradiction---Scope---Accused were charged that they in furtherance of common intention duly armed with pistols snatched cash and mobile phones from complainant party and ran away, complainant party chased them, they made firing upon complainant party, due to which one person was hit and died---All the prosecution 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 beyond a reasonable doubt---Appeal against conviction was dismissed accordingly.

WAQAF-UL-NABI vs State Ss — 2023 YLR 1436 KARACHI-HIGH-COURT-SINDH

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