MUHAMMAD IMRAN vs State Ss — 2023 YLR 845 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IMRAN VS State Ss.302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Motive not proved---Scope---Accused charged for committing murder of the friend of the complainant by firing---Complainant in his evidence had deposed that there was partnership in between accused and deceased in the business of mobile shop, but no independent evidence in that regard had been produced at trial---Complainant and a witness were eye-witnesses of the incident but their evidence with regard to the motive was contradictory to each other---Motive, in the FIR, had been set up that the accused demanded Rs.500/- from the deceased per day for the work---When deceased gave Rs.200/- to the accused, he refused to receive it and demanded Rs.500/- but on that point eye-witness had contradicted the complainant and deposed that he was with the complainant and deceased at the time of incident but he did not hear the conversation of deceased and accused---Eye-witness had stated that it was night time, he did not see the notes---Investigating Officer had also failed to collect independent piece of evidence with regard to the motive during investigation---Circumstances established that motive set up in FIR had not been established at trial---Death sentence of the accused was reduced to imprisonment for life in circumstances---Appeal against conviction was dismissed with said modification in sentence. Citation Name: 2023 YLR 845 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD IMRAN VS State Ss.302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account corroborated by medical evidence---Scope---Accused was charged for committing murder of the friend of the complainant by firing---Record showed that evidence of the eye-witnesses was quite reliable and trustworthy---Mere relationship of the complainant with the deceased was no ground to reject his testimony---Even otherwise, complainant had no motive to falsely implicate the accused in the case---Evidence of another eye-witness was also reliable for the reason that he was independent witness---Evidence of both the eye-witnesses on all the material points was consistent---Ocular evidence was corroborated by the medical evidence, as such, no further corroboration was required---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, his death sentence was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence. Citation Name: 2023 YLR 845 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD IMRAN VS State Motive---Scope---If the prosecution asserts a motive but fails to prove the same, then such failure on the part of the prosecution may react against a sentence of death passed against a convict on the charge of murder. Citation Name: 2023 YLR 845 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD IMRAN VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Quantum of sentence---Mitigating circumstances---Scope---Accused was charged for committing murder of the friend of the complainant by firing---First Information Report mentioned that occurrence in issue had taken place on account of a trivial verbal altercation between the accused and the deceased over the payment of Rs.200/500, however, it was matter of record that deceased had telephoned to accused for receiving the amount, which clearly showed that accused and deceased had good working relationship---No previous enmity existed between the parties---Circumstances of the case unequivocally suggested that the occurrence had taken place at the spur of the moment without any premeditation on the part of the accused---Motive asserted by the prosecution was not proved at trial---Accused fired multiple fires upon deceased as accused demanded Rs.500/-from deceased and deceased gave Rs.200/- could not be believed----Circumstances show that something else had happened prior to the occurrence which was suppressed by both the parties, so immediate cause of occurrence was shrouded in mystery---If the prosecution failed to prove the motive for the murder, the alternate sentence of life imprisonment as opposed to the death penalty would be justified---Appeal against conviction was partly allowed and death sentence of the accused was reduced to imprisonment for life.

MUHAMMAD IMRAN vs State Ss — 2023 YLR 845 KARACHI-HIGH-COURT-SINDH

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