Adam Khan vs State Ss — 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH

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Adam Khan VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Accused was charged for committing murder of the brother of complainant by firing---As per record, the prosecution successfully proved that five empties of 7.62 mm bore were secured from the place of incident and sent to the Ballistics Expert for matching with the crime-weapon---Prosecution had produced Ballistic Expert's Report, which established that the said empties were fired from the rifle carried by the accused and it was further mentioned in the Ballistic Expert's Report that the striker pin marks, breech face marks and ejector marks etc. were found to be similar---Accused had never denied his presence at the spot along with official rifle; and firing with the said weapon---Circumstances established that the prosecution had successfully established its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH Adam Khan VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Accused was charged for committing murder of the brother of complainant by firing---Defence alleged that the witnesses of the ocular account were related to the deceased, therefore, their testimonies could not be believed to sustain a conviction of the accused---However, mere relationship between the prosecution witnesses and the deceased did not suffice as a basis for disregarding the credibility of their testimonies---Circumstances established that the prosecution had successfully established its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH Adam Khan VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Presence of accused and witnesses at the venue proved---Accused was charged for committing murder of the brother of complainant by firing---Accounts of both eye-witnesses unequivocally asserted that they accompanied by the deceased, arrived in city on a motorcycle and subsequently visited the shop of "AH" (the place of occurrence) with the intention of having the motorcycle's oil changed---Testimonies provided by the eye witnesses had been corroborated by an independent witness, "AH", who was the proprietor of the shop where the eye-witnesses in the company of the deceased sought oil changing and motorcycle tuning services---According to said witness, on the evening of August 16, 2015, from approximately 8:00 to 8:30 p.m., he was present at his workshop when three individuals, deceasedand eye-witnesses, arrived at his workshop on a motorycle to have their vehicle tuned and its oil changed---Hence, the presence of the eye-witnesses on the spot at the relevant time was proved---Record showed that the presence of the deceased as well as prosecution witnesses at the place of incident had been established by the prosecution---Prosecution had successfully established that the presence of the accused at the place of incident along with rifle and firing upon the deceased with such official weapon--- Circumstances established that the prosecution had successfully established its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH Adam Khan VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Motive proved---Accused was charged for committing murder of the brother of the complainant by firing---Motive set up in the FIR was over a brotherly feud between the accused and the deceased, which was also established---Neither the defence seriously disputed the motive part of the prosecution story nor the witnesses were cross-examined on the issue of motive---Circumstances established that the prosecution had successfully established its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH Adam Khan VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Lodging of FIR with promptitude---Accused was charged for committing murder of the brother of complainant by firing---Record showed that the occurrence resulting in the demise of the complainant's brother occurred on 16.8.2015 at 8:45 p.m.---Incident in question was promptly reported to the police, resulting in the lodging of FIR that very day at 11:00 p.m., a mere two hours and fifteen minutes following the incident---Inter-se distance between the place of occurrence and the police station measured two kilometers---Such aspect of the case effectively demonstrated the prompt reporting of the matter to the police without any undue delay, showed the truthfulness of the prosecution case, and excluded the possibility of deliberation and consultation---Circumstances established that the prosecution had successfully established its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH Adam Khan VS State Ss. 302(b), 324 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the brother of complainant by firing---Since the parties were already familiar with each other, there was no possibility of misidentification---Complainant and his nephew furnished the ocular account---Both said witnesses had clearly mentioned that the accused had an official weapon i.e. Kalashnikov (rifle), with which he fired upon the deceased resulting in his death---Deceased's injuries were borne out from the post-mortem report, and a crime weapon was also secured from the accused---During the trial, the said prosecution witnesses underwent a lengthy cross-examination conducted by the defence, however, no evidence was elicited that could be deemed beneficial to the accused or detrimental to the prosecution---Deposition of both witnesses remained consistent in every essential aspect as they provided accounts that aligned precisely with the circumstances of the case---Consequently, it was reasonable to infer that the prosecution's ocular testimony was reliable, forthright and imbued with a sense of confidence---Medical evidence presented in the documented materials supported the ocular testimony in terms of the specific details related to the nature, timing, location and consequences of the injury sustained by the deceased---Even otherwise, in cases where ocular evidence was deemed reliable and instilled confidence, it was accorded greater weight than medical evidence---Circumstances established that the prosecution had successfully established its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Adam Khan vs State Ss — 2024 YLR 2831 KARACHI-HIGH-COURT-SINDH

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