Iftikhar alias Hera alias Charlie vs State Ss — 2024 YLR 2047 KARACHI-HIGH-COURT-SINDH

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Iftikhar alias Hera alias Charlie VS State Ss. 302(b) & 302(c)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account proved---Accused was charged for committing murder of the brother of complainant by stabbing---Ocular account of the incident had been furnished by cousin of the deceased and his wife---Cousin of the deceased/witness deposed that he passed near a Masjid and saw from about 50 feet the accused pulling out the collar of the deceased so he rushed to reach them and resolved their problem---When the sole witness reached there he had seen the accused pulled out a churri/knife and attacked the deceased on the chest with the knife---Accused ran away and witness took the deceased in a taxi to hospital who died on the way---Eye-witness knew the accused before the incident and it was a day light incident and he saw the accused from close range when he stabbed the deceased, as such there was no case of mistaken identity---Said witness had given his S.161 Cr.P.C statement with promptitude which was not materially improved on during the course of his evidence---Eye-witness was not a chance witness as he was en-route to see his uncle when he came across the incident and tried to intervene---Sole eye-witness had no proven enmity or ill will with the accused which would lead him to give false evidence against the accused---Said witness gave his evidence in straightforward manner and was not damaged during cross-examination---Thus, evidence of said witness was found to be reliable, trust worthy and confidence inspiring especially in relation to the identification of the accused---Other witness was widow of deceased---According to her evidence on 19.04.2005 she was present in her house with her mother in law, father in law and cousin whilst her husband/deceased was sitting outside---Said witness heard noise of hues and cries and went outside where she saw the accused with a knife running towards his house---Said witness also saw her husband outside in an injured condition who was taken by his cousin and other mohalla people to hospital where he died---Said witness had seen that deceased had been stabbed through the heart---Mother in law and father in law of the said witness remained in the house as they could not walk---Said witness although related to the deceased who was her husband was not a chance witness as the incident happened just outside her house---When she heard the cries outside her house quite naturally she went to investigate as she knew her husband was outside---Moreover, it was a day light incident and she saw the accused running away from a few feet---Said witness knew the accused before and saw him running to his house with a knife whilst her husband was lying injured as such there was no case of mistaken identity regarding the accused---Said witness had no ill will or enmity with the accused and had no reason to implicate him in a false case---Said witness had given her S.161, Cr.P.C statement with promptitude which was not materially improved upon during her evidence---Said witness given her evidence in a natural manner and was not dented during cross-examination---It did not appeal to logic, commonsense or reason that a real wife and cousin would let the real murderer of their real husband/cousin get away scot free and falsely implicate an innocent person by way of substitution---Medical evidence, post mortem report and Medico-Legal Certificate fully supported the eye-witnesses/prosecution evidence that the deceased died from receiving a single stab injury to his chest, which was where the eye-witnesses in their evidence stated he was stabbed---Circumstances established that prosecution had proved its case against the accused beyond any shadow of doubt, however, sudden quarrel broke out between the accused and the deceased which led the accused after being provoked by the quarrel to suddenly give one stab wound with knife to the chest of the deceased without premeditation, thus offence under S.302(b), P.P.C, was converted into offence under S.302(c), P.P.C---Life imprisonment was converted into sentence for 14 years---Appeal was dismissed with modification in sentence, in circumstances.

Iftikhar alias Hera alias Charlie vs State Ss — 2024 YLR 2047 KARACHI-HIGH-COURT-SINDH

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