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NAWAB alias THARO GADANI vs State Ss — 2024 MLD 110 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 110 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
NAWAB alias THARO GADANI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342

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

NAWAB alias THARO GADANI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Motive not proved---Accused were charged for committing murder of father and maternal uncle of the complainant by firing---Old enmity between the deceased and the accused was stated to be motive behind the occurrence---Record showed that prosecution succeeded to prove its case against the accused persons for the reasons that the occurrence in the case had taken place in broad daylight at 11:00 a.m.---Eye-witnesses had explained their presence at the time of incident---Ocular evidence was supported by the medical evidence---Delay in lodging of FIR had been fully explained---Parties were known to each other---Despite lengthy cross-examination, not a single major contradiction had been brought on record---Complainant, in his evidence had deposed that absconding accused used to say that due to old enmity he would kill his father---According to the FIR, motive was against absconding accused---On the conclusion of trial, circumstance of the specific motive was not put to the accused persons in their statements under S. 342. Cr.P.C, for their explanation---Finding of the Trial Court regarding motive were against the record---Complainant in his FIR and in evidence before Trial Court attributed motive against absconding accused---Appeal against conviction was dismissed, however, the sentence of death of the accused was reduced to imprisonment for life, in circumstances.

Other judgments reported in 2024 MLD

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