MUKHTIAR CHANDIO vs State Witness — 2023 YLR 1813 KARACHI-HIGH-COURT-SINDH

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MUKHTIAR CHANDIO VS State Witness--- Related witnesses---Reliance---Scope---Evidence of related witness could not be discarded unless there was some ill will or enmity between the eye-witnesses and the accused. Citation Name: 2023 YLR 1813 KARACHI-HIGH-COURT-SINDHBookmark this Case MUKHTIAR CHANDIO VS State Evidence--- Oral and medical evidence---Scope---Oral evidence will take preference over medical evidence. Citation Name: 2023 YLR 1813 KARACHI-HIGH-COURT-SINDHBookmark this Case MUKHTIAR CHANDIO VS State Ss. 302, 114, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Prompt lodging of FIR---Effect---Accused was charged that he and co-accused committed murder of the father of complainant by firing on old matrimonial issue---Record showed that FIR in respect of the incident was filed within hours 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 a case---Any slight delay which might have been in lodging the FIR had been accounted for by the prosecution taking the body to a hospital and then yet another hospital where the deceased expired---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 1813 KARACHI-HIGH-COURT-SINDHBookmark this Case MUKHTIAR CHANDIO VS State Ss. 302, 114, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged that he and co-accused committed murder of the father of complainant by firing on old matrimonial issue---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 them---Accused was named in the FIR with the specific role of shooting complainant's father in the belly with a pistol which was registered a few hours after the incident so there was no time for the complainant to cook up any false story or not to correctly identify the accused, thus, identification parade was not required---Eye-witness was natural witness---Said witness lodged FIR with promptitude and named the other eye-witnesses in the FIR ---Said witness mentioned the accused in FIR with specific role that witness had no enmity with the accused and had no reason to falsely implicate him---Evidence of said witness was not dented despite lengthy cross-examination and as such his evidence was believable especially in terms of his correct identification of the accused and his role in the crime---Evidence of said witness was found to be reliable, trust worthy and confidence inspiring---Remaining two eye-witnesses corroborated the complainant in all material aspects---Medical evidence given by Medical Officer, who carried out the post-mortem of the deceased, fully supported the oral evidence---All the witnesses were consistent in their evidence---Even if there were some contradictions in their evidence, which were considered as minor in nature and not material and certainly not of such materiality so as to affect 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. Citation Name: 2023 YLR 1813 KARACHI-HIGH-COURT-SINDHBookmark this Case MUKHTIAR CHANDIO VS State Ss. 302, 114, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Recovery of weapon and crime empties---Scope---Accused was charged that he co-accused committed murder of the father of complainant by firing on old matrimonial issue---Record showed that on arrest a 30 bore pistol was recovered from the accused which matched with two of the four empties recovered at the scene and 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.

MUKHTIAR CHANDIO vs State Witness — 2023 YLR 1813 KARACHI-HIGH-COURT-SINDH

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