SUBHAN ALI vs State Ss — 2023 YLR 1722 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SUBHAN ALI VS State Ss. 302(b), 504, 147, 148 & 149---Qatl-i-amd, intentional insult with intent to invoke breach of peace, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Accused were charged for committing murder of the father of complainant---In the present case, the prosecution in order to prove the charge had examined seven witnesses---All the witnesses had been subjected to a lengthy cross-examination but no material contradiction had come on record---Said witnesses had stood ground on all salient features of the case and supported each other regarding the main parts of the incident and nothing in response to the questions in cross-examination had come on record suggesting false implication of the accused persons in the case---Eye-witnesses had been successful in establishing their presence at the spot; seeing the incident; bringing the injured to the hospital, where after he died, and his postmortem was conducted---Police Officials and mashirs had supported arrival of the police at hospital in response to information of the incident communicated by complainant and inspecting the dead body and completing all the formalities---First Information Report was registered on the same day after just 12 hours of the incident, which from the facts of the case appeared to have been consumed by the complainant in taking his injured father to Hospital for treatment, postmortem and brining the dead body to his village, its burial, and in the end, travelling to police station for registration of FIR---Further, in cross-examination nothing had come on record to suggest that nomination of the accused persons in FIR was outcome of any deliberation or consultation by the complainant party or that the accused persons had been substituted with real culprits in the case---No contradiction was found between medical evidence and ocular evidence and both the eye-witnesses had stated that the injured was hit by the accused persons with lathies (sticks) and iron rods which was what had been opined by the doctor in his evidence i.e. presence of lacerated wounds on the body of the victim caused by hard and blunt substance---Witnesses were illiterate and did not have any idea what incised or lacerated wound was and how it was caused---Thus, the witness saying that they were incised wounds was immaterial from the point of view of actual description of the wounds---Last ground taken in defense was that the prosecution was not able to prove the motive---Not proving motive could not be considered as a circumstance undermining prosecution case---However, non-proving of the motive in the cases of capital punishment could be considered as a mitigating circumstance justifying reduction of sentence from death to imprisonment for life, at the most---Accused persons had already been given life imprisonment, therefore, non-establishing the motive part of the story was not fatal to the prosecution case nor was it helpful to the accused persons in any manner to earn acquittal---Appeal against conviction was dismissed, in circumstances.

SUBHAN ALI vs State Ss — 2023 YLR 1722 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 YLR