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

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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---Contradictions in the nature of weapon recovered from the accused---Inconsequential---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---In the FIR, one accused whom was shown to be armed with a pistol, from him a repeater was shown to have been recovered, and one accusedwas shown to be armed with a repeater, from whom a pistol was shown to have been recovered---Suffice it to say that the complainant party did not claim to be expert in firearms to identify the nature and bore of every weapon and give its precise description in evidence---Witnesses were common folk and the mingling of pistol with repeater and vice versa by them was insignificant and could not be given much currency to doubt the entire incident---In the heat of the moment and being attacked by the accused party consisting of many persons, it was not possible for them, or any human-being for that matter, to exactly identify the nature and bore of weapons each accused was armed with and name it accurately in the FIR---Therefore, such variation, even if it was presumed to be correct, was of no help to the accused persons, and could not be counted in their favour---Fact that the weapons were recovered from the accused persons hadnot been rendered ineffective in any manner and fact that they were the weapons which were used by the accused had been established from the lab report demonstrating matching of empties found at place of incident, which was an additional corroborating evidence confirming presence and role of the accused persons in the incident---Appeal against conviction was dismissed accordingly.

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

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