MANO vs State S — 2023 YLR 831 KARACHI-HIGH-COURT-SINDH

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MANO VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay in lodging the FIR---Scope---Accused was charged for committing murder of daughter of complainant/wife of accused by causing hatchet blows---Record showed that firstly the dead body was shifted to the hospital and thereafter, the complainant after leaving the dead body at hospital went to police station and lodged the FIR---Explanation furnished by the complainant appeared to be plausible---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 831 KARACHI-HIGH-COURT-SINDHBookmark this Case MANO VS State Witness---Interested and related eye-witness--- Reliance--- Scope--- Mere relationship of an eye-witness with the deceased or complainant did not declare the eye-witness as interested, if his/her evidence was confidence inspiring and corroborated by independent source. Citation Name: 2023 YLR 831 KARACHI-HIGH-COURT-SINDHBookmark this Case MANO VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Statement of single witness--- Scope--- Conviction in murder case, could be based on the testimony of a single witness, if the court is satisfied that the witness is reliable. Citation Name: 2023 YLR 831 KARACHI-HIGH-COURT-SINDHBookmark this Case MANO VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account---Scope---Accused was charged for committing murder of daughter of complainant/wife of accused by causing hatchet blows---Ocular account of the incident had been furnished by three eye-witnesses, including complainant---Eye-witnesses had corroborated each other on all important aspects of the case i.e. the date, time and place of occurrence as well as the mode and manner in which the occurrence took place---Said witnesses were also consistent on all the material aspects of the case and their evidence had remained unshaken and un-shattered---Presence of eye-witnesses was established at the place of occurrence because the said witnesses were doing labour at the crop besides the crop where the accused and deceased were doing labour---All the three eye-witnesses remained consistent and firm regarding their stance qua the role of the accused in perpetrating the alleged offence---Deceased had been done to death by the accused by causing hatchet injuries on her vital part i.e. neck---Accused had been arrested by the police on the same day i.e. and one blood-stained hatchet was recovered which was sent for analysis to the chemical examiner and the report was in positive---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 831 KARACHI-HIGH-COURT-SINDHBookmark this Case MANO VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Contradiction in the statement of complainant--- Scope---Accused was charged for committing murder of daughter of complainant/wife of accused by causing hatchet blows---Allegedly, complainant, in his cross-examination, had contradicted his statement by stating that he did not see the accused giving hatchet blows to his daughter, however, it was not so, even otherwise, evidence of the two eye-witnesses was also consistent, straight forward, confidence inspiring and their presence at the time of incident had not been disputed by the defence, therefore the evidence of the both the eye-witnesses was sufficient to hold the accused guilty of the charge---All the prosecution witnesses supported the case of the prosecution on all aspects of the case and the defence could not point out any discrepancy or infirmity to dent the case of the prosecution---Defence also failed to prove that there was any enmity because of which the prosecution witnesses deposed falsely against the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

MANO vs State S — 2023 YLR 831 KARACHI-HIGH-COURT-SINDH

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