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Akbar Shah vs State Ss — 2024 YLR 1939 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1939 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
Akbar Shah vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342

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

Akbar Shah VS State Ss. 302(b), 324, 337-H(2), 114, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rash and negligent act which endanger the life and property of others, abettor present when offence is committed, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Controversy in respect of time of occurrence---Time of incident admitted by accused---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died whereas his mother sustained firearm injuries and the two companions of the accused party were hit by the firing of accused party---Controversy raised in defence regarding time of incident to be either 01.30 pm or 11:00 a.m. had indeed been dispelled by accused himself in his S. 342, Cr.P.C statement, when he had expressed that it was about 11:00 a.m. when he saw dozens of people duly armed with deadly weapons; that complainant and his brothers entered the disputed plot and occupyed the same; and accused conveyed such information to other accused persons, who arrived at the place of incident---Such admission in regard to correct time was sufficient to cast out any misconception about it---Further, the complainant on the very day made a further statement, after realizing wrong time stated in FIR and quoted the correct time of the incident---Subsequently, on application of complainant, the correct time was noted down in the trial, which was never challenged by the accused persons in any proceedings---Appeal against conviction was dismissed accordingly.

Other judgments reported in 2024 YLR

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