SADORO MIRBAHAR vs State Ss — 2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH

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SADORO MIRBAHAR VS State Ss. 302(b), 324, 353, 337-F(iii), 337-H(2) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mutalahimah, rash or negligent act endanger to human life or the personal safety of other, common intention, act of terrorism---appreciation of evidence---Related witnesses---Reliance---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of son of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---allegedly, eye-witnesses were related to the deceased---Eye-witnesses being related to the deceased in the case of extortion and murder was of little, if any, assistance to the accused---Despite the close relationship of the complainant with deceased and with the other eye-witnesses, the evidence of eye-witnesses after careful reconsideration was found trustworthy---Mere relationship with the deceased was no ground to discard otherwise trustworthy evidence provided that there was no ill will or enmity between the witnesses and the accused, which was not present in the present case---Moreover, the deceased was murdered in the presence of his own son---Mere relationship is not sufficient to bring a witness within meaning of category of interested witness but it would always be the motive of such an event where one agreed to involve an innocent person at cost of the real culprit---However in the present case it was extremely unlikely for the complainant to set free the real culprit and nominate innocent persons instead and that too without any justifiable rhyme or reason---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt---appeal against conviction was dismissed accordingly.

SADORO MIRBAHAR vs State Ss — 2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH

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