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Mushtaque Ahmed Kobhar vs State Ss — 2024 MLD 1217 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1217 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Mushtaque Ahmed Kobhar 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

Mushtaque Ahmed Kobhar VS State Ss. 302(b), 324, 114 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abettor present when offence committed, common intention---Appreciation of evidence---Weapon of offence was not recovered from accused, plea of---Not proved---Accused was charged that he along with his co-accused in furtherance of their common intention committed murder of nephew of the complainant by firing and caused firearm injury to the son of his sister---Accused contended that the alleged crime weapon used by him at the time of offence was not recovered from him, therefore, he could not be connected with the murder of deceased---Such contention of accused had no force in view of that all the prosecution witnesses supported the case of prosecution by deposing that the accused directly fired from his Kalashnikov which hit the deceased---Such direct evidence was further corroborated by medical evidence as the doctor who examined the deceased had found firearm injuries on the person of the deceased---Moreover, where charge was proved by other direct, natural and confidence inspiring evidence, then non-recovery of crime weapon was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was dismissed accordingly.

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