Bashir Ahmed vs State Ss — 2024 YLR 1766 KARACHI-HIGH-COURT-SINDH

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Bashir Ahmed VS State Ss. 302(b), 324, 504, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Accused were charged that they made firing upon complainant party, due to which brother of complainant was hit and died, whereas his relative sustained injuries---Previous enmity due to rotation of water was motive behind the incident---In the FIR, lodged by complainant, he had named all the accused by name---In his deposition also complainant had fully narrated the facts with minute details and had exactly given the details of the portion of the incident seen by him---In cross-examination complainant clearly admitted that he had not seen the incident by his own eyes---Complainant also stated that the accused did not attack them and his house was at a distance of about one furlong from the place of incident---Admittedly, complainant did not know the name of the vehicle's driver who took the dead body and the injured---Naturally a person taking dead body of his younger brother and an injured relative could not be expected to keep such details in mind---Thus, the circumstantial evidence produced by complainant corroborated the evidence of eye-witness, who was injured during the incident and was an eye-witness---Injured witness had given the details of the incident seen by him and had assigned specific roles to each accused and the firearm/weapon held by them---Injured witness was cross-examined by defence but his testimony could not be shaken at all---No contradiction of note could be pointed out in his deposition---Other witness had also narrated the same story and assigned identical roles to the accused persons---Record showed that there was no substantial contradiction in the ocular evidence and the medical evidence---Accused "AM", "LM" and "R" were assigned specific roles of causing direct injuries to deceased and offensive weapons were also shown to have been recovered from them during investigation---Prosecution had adduced concrete-cum-tangible material in evidence against them which was sufficient to hold that said accused persons were responsible for causing death of deceased---Appeal of accused in question against conviction was dismissed, in circumstances.

Bashir Ahmed vs State Ss — 2024 YLR 1766 KARACHI-HIGH-COURT-SINDH

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