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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

BUX ALI MAZARI VS State S. 302(b)---Sindh arms act (V of 2013), S. 23(i)(a)---Qatl-i-amd, possess-ing illicit weapon---appreciation of evidence---Ocular account supported by medical evidence---accused was charged for committing murder of the brother of complainant by firing---Previous enmity was the motive behind the occurrence---In instant case, ocular testimony consisted of complainant and a witness---Evidence of both the said witnesses was almost similar---another alleged eye-witness fully supported the version of complainant and his evidence was almost on the same line as that of the complainant---From ocular testimony of said two eye-witnesses, it was evident that their evidence was consistent with each other---Witnesses were consistent on all material aspects of the incident i.e. place of incident, date and time of incident, number and locations of injuries allegedly sustained by the deceased and also regarding motive and old enmity between the parties---There seemed loophole/flexibility in their evidence---From perusal of the evidence of Medical Officer, it seemed that medical evidence was consistent with ocular account of the incident---Eye-witnesses had deposed that deceased had sustained two firearm injuries i.e. one on the left side of his chest and the other on his right foot and both the injuries were through and through---Such assertion of the eye-witnesses was confirmed by the medical evidence which also showed aforesaid two injuries plus two exit wounds, as a result of those injuries---Both, the ocular as well as medical evidence, were also consistent on the point that all the injuries had been caused by firearm weapon---Likewise, as per both the eye-witnesses, the deceased died immediately at the spot after sustaining injuries, which fact was also confirmed by medical evidence which showed that death of the deceased was instantaneous---Similarly, duration between the death and the postmortem examination as per ocular testimony and the medical evidence, was also almost same---appeal against conviction was dismissed, in circumstances.

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

Case information

Judgment text as reported

Other judgments reported in 2024 YLR