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Muhammad Jaro alias Mando vs State S — 2024 MLD 718 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 718 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Muhammad Jaro alias Mando vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

Muhammad Jaro alias Mando VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Related and interested witnesses---Scope---Accused was charged for committing murder of the father of the complainant by firing---Defence mainly focused on the point that the witnesses were near relatives to deceased and were interested therefore their evidence could not be relied upon---Such contention had no force as in the instant matter, the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence---Both the parties were known to each other as was evident from their evidence and it was a day time incident---Accused was also real brother of the deceased and two eye-witnesses who had deposed against him---No chance of mistaken identity of the accused was made out---Where the witnesses fell within the category of natural witnesses and detailed the manner of the incident in a confidence-inspiring manner then only escape available with the accused was that to satisfactorily establish that witnesses were not witnesses of truth but were "interested"---An interested witness is not one who is relative or friend but is one who has a motive to falsely implicate an accused---Mere relationship of eye-witnesses with the deceased alone is not enough to discard testimony of the complainant and his witnesses---Circumstances established that the prosecution had proved its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly dismissed.

Other judgments reported in 2024 MLD

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