NADIR ALI alias BABAR vs State Ss — 2024 YLR 1597 KARACHI-HIGH-COURT-SINDH

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NADIR ALI alias BABAR VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Investigation supporting the prosecution case---Accused were charged for committing murder of the son of complainant by inflicting hatchets and knives blows---Investigation Officer had fully supported the case of prosecution who during investigation brought on record the motive for committing murder by examining a witness, and the accused persons also after their arrest disclosed the same motive to him---Investigation Officer recorded the statements under S. 161, Cr.P.C of prosecution witnesses, arrested the accused persons and during interrogation accused led him to place of incident where they committed the murder of deceased and concealed the crime weapons and on their pointation two knives used in the murder were recovered including other articles which were stained with blood---Investigating Officer got and produced Call Data Record reports of the witnesses as well as of the accused persons and came to know that the location of all those persons was same at the time of incident---Investigation Officer collected the record from the hospital to establish that at the first instant the deceased was taken to such hospital when he was alive and in injured condition---Said witness sent blood stained clothes, parcel and recovered articles for serology and also issued letters including a letter to DNA lab and collected the report of serologist which he exhibited in evidence---Said witness was cross-examined at some length but could not find any dent in his evidence as he was an independent person being a Police Official having no ill-will against the accused persons nor it was suggested against him during his cross-examination---Evidence of Police Witnesses could be safely relied upon since no allegation of enmity, bias or ill will had been made against any of them and as such they had no reason to falsely implicate the accused persons in the case---However, due to some mitigating circumstances, the death sentence of the accused was altered to life imprisonment---Appeal was dismissed with such modification in sentence.

NADIR ALI alias BABAR vs State Ss — 2024 YLR 1597 KARACHI-HIGH-COURT-SINDH

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