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ALI WADHAYO SHAR vs State Ss — 2023 YLRN 26 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 26 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ALI WADHAYO SHAR vs State Ss
Subject matter
Criminal

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

Judgment text as reported

ALI WADHAYO SHAR VS State Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Night time occurrence---Source of light---Scope---Accused were charged for making firing upon the complainant party, due to which the son and grandson of the complainant were hit, however, the grandson of complainant died---Though the incident took place at the night time but the accused was close relative of the complainant party and they knew each other very well and it was suggested to the prosecution witnesses who admitted during cross-examination that the accused was the maternal cousin of the witnesses---Said witnesses gave each and every aspect of the incident, they being owners of the house where the incident took place were present at the time of incident and their presence was also established from the fact that the father of the deceased had also received the injury from the hands of the accused---Where the natural witnesses were blood-relations then normally the possibility of substitution became rare and it did not appear to be believable that all of them agreed in substitution of real culprits with innocents---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed, in circumstances.

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