DAD GUL alias MANGHA vs State Ss — 2023 YLR 1702 KARACHI-HIGH-COURT-SINDH

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DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Record showed that it was unclear as to who fired the fatal shot which killed the deceased as according to the eye-witnesses all five motor riders fired on the deceased and the medical evidence revealed that the deceased received numerous firearm injuries---In such circumstances, the death penalty might be reduced to life imprisonment---Co-accused who was tried earlier and separately who played the same role as the accused in the murder of the deceased and was convicted on similar evidence was also only sentenced to life imprisonment as opposed to the death penalty---Keeping in view the said two factors the sentence of the accused was reduced from the death penalty to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Confessional statement of accused---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Accused gave a confession before a Judicial Magistrate---Said Judicial Magistrate was not called to give evidence and as such it could not be said with certainty that the required procedural safe guards were given before recording the judicial confession---Judicial confession appeared to be exculpatory in nature by attempting to blame the co-accused of the present accused and only admitting his presence at the scene and as such placed little, if any, reliance on it---Circumstances established that the prosecution had proved its case against the accused, however, his death sentence was reduced to life imprisonment, in circumstances---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Complainant and his two brothers furnished ocular account of the incident---Said eye-witnesses had correctly identified the accused as being one of the persons who shot the deceased by firearm which lead to his death especially as the accused did not even deny his presence at the scene of the incident either during cross-examination of the witnesses or in his S.342, Cr.P.C. statement---In fact in his S.342, Cr.P.C. statement accused admitted his full participation in the murder of the deceased---Keeping in view the legal position that such evidence was only a rule of caution/ prudence in the face of reliable and trust worthy eye-witness evidence especially as in the case there were three witnesses who had found to share such attribute and had correctly identified the accused as firing upon and causing the death of the deceased---Medical Officer on the day of the incident gave evidence that accused was produced before him in injured condition as a result of that incident which injury he found to have been caused by firearm which corroborated/ supported all the eye-witness evidence that accused fired at the deceased, was injured by firearm and was then taken to hospital where he was arrested after treatment---Although no post mortem was exhibited the memorandum regarding examination of dead body and report of unnatural death with the former quoting the post mortem report carried out by the Medico-Legal Officer that the cause of death was by firearm and it was noted that the deceased was hit by numerous bullets corroborated the eye-witness evidence that the deceased was shot and killed by firearm which issue had not been disputed---Medical evidence supported the ocular evidence---Circumstances established that the prosecution had proved its case against the accused, however, his death sentence was reduced to life imprisonment, in circumstances---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Minor contradictions in the statements of witnesses---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Record showed that 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/evidence and the conviction of the accused---Circumstances established that the prosecution had proved its case against the accused, however, his death sentence was reduced to life imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Substitution---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Father would not let the real murderer of his son get away scot free and falsely implicate an innocent person by way of substitution---Circumstances established that the prosecution had proved its case against the accused, however, the death sentence was reduced to life imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Non-recovery of weapon of offence from accused---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Fact that no recovery was made from the accused was not relevant as the accused was arrested a number of years after the incident and as such he would not have been expected to have the same firearm with him which he would most probably have disposed of---Circumstances established that the prosecution had proved its case against the accused, however, his death sentence was reduced to life imprisonment, in circumstances---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Police witnesses---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Police witnesses had no enmity or ill will towards the accused and had no reason to falsely implicate him in the case---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, the death sentence was reduced to life imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case DAD GUL alias MANGHA VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Delay of about seven hours in lodging the FIR---Scope---Accused was charged for committing murder of the son of complainant by firing on the abetment of co-accused after receiving head money---Record showed that the FIR was lodged with reasonable promptitude being seven hours after the incident whereby the accused was named in the FIR as coming on motor bikes with other named persons and firing on the deceased by firearm which caused his death---Even if there was a slight delay in lodging the FIR that was explained by the fact that the complainant was busy in taking his deceased son first to a hospital and then to other hospital for post mortem before the body was released and thereafter the FIR was lodged---Such an explained delay in lodging the FIR was not fatal to the Prosecution case---Circumstances established that the prosecution had proved its case against the accused, however, his death sentence was reduced to life imprisonment, in circumstances---Appeal was dismissed with said modification in sentence.

DAD GUL alias MANGHA vs State Ss — 2023 YLR 1702 KARACHI-HIGH-COURT-SINDH

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