MUHAMMAD ASHRAF vs State S — 2023 YLR 750 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.

MUHAMMAD ASHRAF VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Interested witnesses---Scope---Accused was charged for committing murder of the brother of complainant---Contention was that the witnesses were near relatives of the deceased and being interested their evidence could not be relied upon---Said contention of prosecution had no force because the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence---Where the witnesses fell within the category of natural witnesses and detailed the manner of the incident in a confidence-inspiring manner then the only escape available to the accused was to satisfactorily establish that witnesses were not the witnesses of truth but interested one---Based on the particular facts and circumstances of the case, mere relationship of eye-witnesses with the deceased alone was not sufficient to discard the testimony of the complainant and the other eye-witnesses---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the brother of complainant---Ocular account had been furnished by three witnesses including complainant---Said three eye-witnesses fully supported the prosecution case---All three of them, during cross-examination were on same line and no major contradiction was pointed out by defence---Eye-witnesses being workers at the shop/place of occurrence were natural witnesses---Presence of said witnesses at the place of incident at the relevant time was established---Incident was of day time and all witnesses knew the accused prior to the incident, therefore, there was no chance of mistaken identity--- Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Defence plea---Scope---Accused was charged for committing murder of the brother of complainant---Accused alleged that due to previous enmity, he was implicated in the case---No substance had been brought on record by the accused to justify his false implication in the case at the hands of the complainant party on account of the previous enmity---Accused, in the matters of capital punishment, would not stand absolved by making a mere allegation of dispute/ enmity but would be required to bring on record that there had been such a dispute/enmity which could be believed to have motivated the natural witnesses in involving the innocent at the cost of the escape of real culprits---Where the natural witnesses were in blood-relations then normally the possibility of substitution became rare---Accused had failed to bring on record any evidence to show that the deep-rooted enmity existed earlier between the parties which could have been the reason for false involvement of the accused in the case, particularly when it was a case of single accused---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Contradictions in the statements of witnesses---Scope---Accused was charged for committing murder of the brother of complainant---Record showed that the accused had not been able to point out any major contradiction in the evidence of witnesses---Some minor contradictions were found in the evidence of prosecution witnesses which might have occurred due to lapse of time---Where in the evidence prosecution established its case beyond reasonable doubt then if there were some minor contradictions which always were available in each and every case as no one could give evidence like photograph such contradictions could be ignored---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive was proved---Scope---Accused was charged for committing murder of the brother of complainant---Motive setup by the prosecution against the accused was very strong that for a long period the deceased was working with accused at his shop and few months prior to the incident deceased opened his own shop for same work near the shop of accused which angered the accused who warned him to close and on refusal the deceased was murdered by him---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State Witness---Interested witness---Scope---Interested witness was not the one who was relative or friend but was the one who had a motive to falsely implicate an accused. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence on the pointation of accused and blood stained clothes of accused---Reliance---Scope---Accused was charged for committing murder of the brother of complainant---Record showed that on the same day of occurrence, during further interrogation, accused confessed his guilt and told police that he had committed murder of deceased with hatchet and disclosed that hatchet was concealed by him in the roof of his house and became ready to produce the same---Police along with the accused and mashirs went to the house of accused in a private vehicle, accused led the police party toward his house and from the roof he took out the hatchet with wooden handle stained with blood and produced before the police in presence of mashirs which was recovered by the police and prepared the mashirnama---Mashir was cross-examined but nothing favourable to accused was brought on record by the defence---Prosecution proved beyond a reasonable doubt that the crime weapon (hatchet) used in the commission of offence was recovered from the roof of house of the accused which only accused knew and no one else---Accused was arrested on the same day and the clothes worn by the accused at the time of his arrest were stained with blood---Hatchet and the clothes of the accused were sent for chemical analyzer and as per report both were stained with human blood---Police witnesses had no enmity or ill-will towards the accused and had no reason to falsely implicate him in the case---Even any such enmity or ill-will was not suggested from the police witness as to why they foisted the hatchet and the clothes stained with human blood---Evidence of police witnesses could safely be relied upon---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 750 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Related witness---Substitution---Accused was charged for committing murder of the brother of complainant---Did not appeal to reason, logic or commonsense that a real brother who was an eye-witness would let the murderer of his real brother go free by substituting him with an innocent person---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly.

MUHAMMAD ASHRAF vs State S — 2023 YLR 750 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 YLR