Ayaz Ali Abro vs State Ss — 2024 PCrLJ 1813 KARACHI-HIGH-COURT-SINDH

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Ayaz Ali Abro VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Time of occurrence---Time of occurrence mentioned by scribe of FIR different from the time mentioned by complainant in the FIR---Inconsequential---Accused was charged that he along with his co-accused committed murder of the son of complainant---Allegedly time of incident was recorded as 05.00 pm in the FIR---Time had been recorded by scriber of FIR, a Police Official, and had nothing to do with the facts conveyed by the complainant to him---Version of the scene narrated by complainant appeared in the body of FIR and it was actually what was important for determining actual time of the incident---Complainant had described the time of incident as 05.30 pm in FIR---Complainant and his witnesses had stuck to that timing in their evidence also---Nothing was on record to show that any ambiguity was created by the complainant while narrating the facts of the case for FIR over timing of incident, nor anything had been suggested in his cross-examination to establish the same---Thus, mentioning of 05.00 pm on the top of FIR by its scriber was immaterial and irrelevant having no nexus with merits of the case or time of its happening---On the basis of such irregularity, sanctity of FIR could not be suspected or entire prosecution case set up in the wake of such FIR considered as doubtful---However, circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however due to mitigating circumstances, death sentence of accused was altered to imprisonment for life---Appeal was dismissed with modification in sentence.

Ayaz Ali Abro vs State Ss — 2024 PCrLJ 1813 KARACHI-HIGH-COURT-SINDH

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