ABDUL SATTAR BANGULANI vs State Ss — 2023 YLR 1530 KARACHI-HIGH-COURT-SINDH

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ABDUL SATTAR BANGULANI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Prompt FIR---Scope---Accused was charged that he and co-accused in furtherance of common intention committed murder of the son of complainant on family dispute---Record showed that the FIR in respect of the incident was filed within 45 minutes of the incident---Such prompt filing of the FIR ruled out the possibility of the complainant concocting a false case against the accused with the police or any other third party---Even otherwise the complainant had no enmity with the accused and had no reason to falsely implicate him in the case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, sentence was reduced from death penalty to imprisonment for life---Appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1530 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL SATTAR BANGULANI VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention--- Appreciation of evidence--- Sentence, reduction in---Recovery of weapon and crime empties---Scope---Accused was charged that he and co-accused in furtherance of common intention committed murder of the son of complainant on family dispute---Record showed that on his arrest at the spot a .30 bore pistol was recovered from the accused---Two empties were recovered from the scene of the murder which corroborated the fact that only two shots were fired, one of which hit the deceased and the other hit the wall---Admittedly, accused was convicted at the Trial Court for having an unlicensed firearm arising from the present incident, which conviction was upheld on appeal although the sentence was reduced---Positive chemical report showed that the blood found at the scene was human blood---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, sentence was reduced from death penalty to imprisonment for life---Appeal was dismissed with modification in sentence. Citation Name: 2023 YLR 1530 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL SATTAR BANGULANI VS State Witness---Related witness---Reliance---Scope---Evidence of related witness could not be discarded unless there was some ill will or enmity between the witnesses and the accused. Citation Name: 2023 YLR 1530 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL SATTAR BANGULANI VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused was charged that he and co-accused in furtherance of common intention committed murder of the son of complainant on family dispute---Ocular account supported by medical evidence---Scope---Ocular account of the incident had been furnished by two eye-witnesses including complainant---Record showed that it was a day light incident and complainant knew the accused as prior to that incident a matrimonial dispute had arisen between their families as mentioned in the FIR---Accused was named in the FIR with the specific role of shooting the son of complainant in the abdomen with a pistol---First Information Report having been registered in less than one hour after the incident so there was no time for the complainant to cook up any false story or not to correctly identify the accused---No identification parade was required especially as complainant personally got hold of the accused and took him along with the pistol to the police station and as such, no case of mistaken identity arose---Accused had a motive to kill the deceased because of an old family matrimonial dispute---Evidence of complainant was not dented despite lengthy cross-examination---Evidence of said witness was reliable, trustworthy and confidence inspiring and accused could be convicted on his evidence alone--- Eye-witness corroborated complainant in all material respects---Said eye-witness was named in the FIR shortly after the incident and gave his statement under S. 161, Cr.P.C. on the same day---Medical evidence of two Medical Officers supported the prosecution evidence as they respectively confirmed that the deceased was initially brought to the hospital with a firearm injury in the abdomen which injury later led to his death---All the witnesses were consistent in their evidence and even if there were some contradictions in their evidence, they were of 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---Father would not let the murderer of his son go scot free by substituting him with an innocent person---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, sentence was reduced from death penalty to imprisonment for life---Appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1530 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL SATTAR BANGULANI VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention--- Appreciation of evidence--- Sentence, quantum of---Scope---Accused was charged that he and co-accused in furtherance of common intention committed murder of the son of complainant on family dispute---Record showed that the murder was not carried out in a brutal or heinous manner as only one shot was made on the deceased which led to his death---High Court observed that appropriate sentence in the present case was of life imprisonment as opposed to the death penalty, hence, the accused was sentenced to life imprisonment instead of death penalty---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1530 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL SATTAR BANGULANI VS State Witness---Related witness---Reliance---Scope---Evidence of related witness could not be discarded unless there was some ill will or enmity between the witnesses and the accused.

ABDUL SATTAR BANGULANI vs State Ss — 2023 YLR 1530 KARACHI-HIGH-COURT-SINDH

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