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---Recovery of weapon of offence on the disclosure of accused---Reliance---Accused were charged for committing murder of the son of complainant by inflicting hatchets and knives blows---Record showed that the accused persons dug the earth at place pointed out by them and got recovered one plastic shopper in which there were two knives one with a wooden handle having blood stains and the other a flick knife also having blood stains---Two mobile phones, were also available in the plastic shopper with and them having blood stains---Accused disclosed that the knife with a wooden handle was used by him while the flick knife was used by other accused---Another accused disclosed that he had thrown a hatchet while leaving the place into a stream---As per the evidence of said witness reasonable search was made to find the hatchet but due to the presence of water, the hatchet was not found---Police Officers had sealed both knives and mobile phones in one cloth parcel and prepared the memo, which was singed---Police witness was cross-examined at some length but his evidence had not been shattered by the defence---It was not denied that recovered articles including the crime weapons were the same which were used in the commission of offence nor was it suggested that the same were foisted upon the accused persons---Non-recovery of hatchet was also not helpful for the accused persons to acquit them in the offence which otherwise was proved by the prosecution by producing reliable, trustworthy and confidence inspiring evidence---If charge was proved by other direct, natural and confidence inspiring evidence, then non-recovery of crime weapon was not fatal to the prosecution case---However, due to 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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