BUX ALI MAZARI vs State S — 2024 YLR 1531 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1531 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: BUX ALI MAZARI vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 23

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

BUX ALI MAZARI VS State S. 302(b)---Sindh arms act (V of 2013), S. 23(i)(a)--- Qatl-i-amd, possessing illicit weapon---appreciation of evidence--- Inconsistencies and discrepancies---accused was charged for committing murder of the brother of the complainant by firing---In instant case, there was a strong ocular version of the incident given by the eye-witnesses and their statements were consistent with each other on all material aspects of the case, thus minor inconsistencies and discrepancies could be ignored and preference was to be given to the strong and convincing ocular version---Of course, in instant case, there were certain discrepancies and inconsistencies in the investigation/prosecution case---Had there been a case of weak, impeachable and untrustworthy prosecution evidence, such discrepancies and lacunas could surely have weakened the prosecution case and the accused would have been entitled to be extended the benefit thereof---However, in view of unimpeachable, trustworthy and confidence inspiring ocular testimony of two eye-witnesses corroborated by the medical evidence, recovery of crime weapon, circumstantial evidence and proved motive, such discrepancies and lacunas were ignorable--- Even otherwise, any irregularity or illegality committed during the investigation in a case having unimpeachable and trustworthy evidence due to inefficiency of the police/Investigating agency would not affect the trial---appeal against conviction was dismissed, in circumstances.

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2024 YLR 1497 KARACHI-HIGH-COURT-SINDHKHALID VS State Minor contradictions in evidence---In consequential---Every contradiction can not take place of a material contradiction and…

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