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

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Mushtaque Ahmed Kobhar VS State Ss. 302(b), 324, 114 & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, abettor present when offence committed, common intention---Appreciation of evidence---Defence witnesses, evidence of---Not reliable---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---Defence witnesses produced on behalf of the accused were cooked up witnesses---Accused took specific plea that he was not available at the place of incident at that time and the complainant party attacked upon their houses in order to commit murder of Mst. "M" by declaring her Kari but the deceased and the injured received firearm injuries from the firing of their companion---Mst. "M" was examined as defence witness but on careful perusal of her evidence it was established that she had tried to save accused party and gave false evidence in their support---Said defence witness deposed that on the day of incident, it was Eid-ul-Fitr day and our male members had gone to offer Eid prayer and in their absence at about 10-00 a.m accused/complainant party having Kalashnikovs and pistols in their hands entered into their house to commit her murder on the allegation of "Karap" and they started firing to kill her but she saved herself inside the room and raised cries and due to firing of persons of complainant party, victims received fire-arm injuries from the hands of their own companions---Evidence of said witness had no support as such it carried no weight---On the other hand the prosecution had proved its case that the incident took place near to house of one Mr. "H" and not in the house of Mst. "M"---Mashirnamaof place of wardat also reflected that the place of wardat was situated outside the house of Mst. "M" and not inside of any house as claimed by the said defence witness---Evidence of other defence witness was also not helpful to the accused as according to him firstly he came to know about the incident and thereafter he went and informed about such incident to the accused party---Said witness was not available where accused party was present with the present accused at the time of incident, therefore his evidence could not be relied upon---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was dismissed accordingly.

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

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