JAMSHED KHAN vs State Ss — 2023 YLR 1510 KARACHI-HIGH-COURT-SINDH

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JAMSHED KHAN VS State Ss. 302(b), 324 & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, common intention--- Appreciation of evidence--- Defence plea---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which the mother and brother of the complainant were hit and died, whereas the sister of the complainant received injuries---Accused had alleged that he was present at his work place at the time of occurrence---Accused examined two defence witnesses in his defence and they deposed that accused was working with them---Accused was arrested by police in the case, however, the defence witnesses after arrest of the accused in the case did not appear before Investigating Officer for recording their statements regarding false implication of the accused in the case---Defence witnesses had failed to explain the nature of the job or work which they were performing along with accused at the time of incident---Both defence witnesses had mentioned different places of work---Mere plea of the defence witnesses that the day of occurrence accused was working with them without cogent material was not sufficient and the same appeared to be afterthought---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1510 KARACHI-HIGH-COURT-SINDHBookmark this Case JAMSHED KHAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which the mother and brother of the complainant were hit and died, whereas the sister of the complainant received injuries---Occurrence had taken place in day light and FIR in respect of the offence had been lodged on the same date wherein accused had been mentioned as principal accused---Injured lady was the wife of the accused---Complainant was the brother-in-law of the accused---Ocular account furnished by said eye-witnesses had received full support from medical evidence---Crime weapon could not be recovered from the accused as he absconded away for pretty long time and challan was submitted under S. 512, Cr.P.C.--- Eye-witnesses had made consistent statements and availability of the injured witness at the scene of the crime was established due to injuries---Trial Court had assessed and evaluated the evidence in some detail and came to the conclusion regarding guilt of the accused having been established beyond reasonable doubt---Upon independent evaluation of the evidence, High Court was not able to take a view of the matter different from that taken by the Trial Court---Accused had demonstrated extreme barbarity by using a pistol upon his wife, mother-in-law and brother-in-law and took away baby of 6/7 months---Accused had committed murder of his mother-in-law and caused injuries to witnesses, thus, he deserved no sympathy in the matter of his sentence---Usual wages of a crime of murder was death and in the peculiar circumstances of the case the accused deserved no less---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1510 KARACHI-HIGH-COURT-SINDHBookmark this Case JAMSHED KHAN VS State S. 342---Defence plea---Scope---When specific defence plea is raised by the accused, the burden to prove the same lies upon him. Citation Name: 2023 YLR 1510 KARACHI-HIGH-COURT-SINDHBookmark this Case JAMSHED KHAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which the mother and brother of the complainant were hit and died, whereas the sister of the complainant received injuries---Ocular account of the incident had been furnished by complainant and his injured sister---Record showed that evidence of complainant and his injured sister was natural, credible and trustworthy---Injured lady was the wife of the accused---In her evidence before Trial Court, injured witness narrated true picture of the incident---Said injured witness was cross-examined by the defence at length, but not a single infirmity in her statement came on record--- Complainant, another eye-witness of the incident, had stated the whole story of the case---Defence cross-examined the said witness on various aspect of the case, but his presence in the house at the relevant time could not be doubted---Defence had not denied presence of injured witnesses at the spot---Circumstances established that there was no reason, to interfere in the conclusion arrived at by the Trial Court in conviction and death sentence awarded to the accused---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1510 KARACHI-HIGH-COURT-SINDHBookmark this Case JAMSHED KHAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Motive was proved---Accused was charged that he along with co-accused made firing upon the complainant party, due to which the mother and brother of the complainant were hit and died, whereas the sister of the complainant received injuries on her body part---Motive as set up in the FIR was strained relations between the husband/accused and his wife/injured---Injured lady in her evidence had stated that accused committed murder of his mother, caused injures to her and her brother on account of dispute with her---Complainant had also deposed that motive for the commission of the offence was the differences between his injured sister and the accused---Trial Court had also held that prosecution had succeeded to prove its motive at the trial---Motive asserted by the prosecution in the FIR had been established at trial---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1510 KARACHI-HIGH-COURT-SINDHBookmark this Case JAMSHED KHAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of blood and crime empties from the spot---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which the mother and brother of the complainant were hit and died, whereas the sister of the complainant received injuries on her body part---Investigating Officer visited place of wardat on the pointation of a witness and found blood lying on the floor which was collected and sealed it---Said witness handed over three missed live bullets, three empties of .30 bore and two bullets heads to the Investigating Officer---Investigating Officer went to the Hospital, where with the permission of the Medical Officer he recorded statement of injured/brother of the complainant--- According to the Investigating Officer, said injured had expired---Investigating Officer could not record statement of injured sister of complainant as she was unconscious---Investigating Officer sent sealed articles to the expert for chemical report and produced positive report of the Chemical Examiner with regards to the clothes of deceased, the mother of complainant---Investigating Officer was cross-examined by the defence and had denied that proper investigation was not conducted by him---Appeal against conviction was dismissed, in circumstances.

JAMSHED KHAN vs State Ss — 2023 YLR 1510 KARACHI-HIGH-COURT-SINDH

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