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GHULAM MAHDI ABRO vs State Ss — 2024 YLR 50 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 50 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
GHULAM MAHDI ABRO vs State Ss
Subject matter
Criminal

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

GHULAM MAHDI ABRO VS State Ss. 302(b), 504 & 34---Qatl-i-amd, assault or wrongful restraint, common intention---Appreciation of evidence---Sentence, reduction in---Motive not proved---Accused was charged that he along with his co-accused committed murder of the complainant/deceased---Prosecution had tried to establish motive through the evidence of eye-witness---Evidence of said witness spoke of a quarrel over use of narcotic substance/ selling of hemp (Bhang) by the accused in the Imam Bargah, but it had not come on record on which date, time and place deceased had quarreled/objected over use of narcotic substance by the accused and in whose presence---Moreover, generally it was observed that use of narcotic substance in Imam Bargah premises was rare--Question for consideration arose as to why accused selected lower part of the body of the deceased for firing and as to why fire was not repeated---In the FIR, it was mentioned that co-accused (since acquitted) had firstly abused the deceased complainant and was armed with firearm---Question was why fire was not opened by him, and prosecution failed to explain the same---Thus, it clearly showed that motive was shrouded in mystery---Circumstances established that prosecution had proved its case against the accused but due to mitigating circumstances, the death sentence was reduced to imprisonment for life---Appeal was partially allowed, in circumstances.

Other judgments reported in 2024 YLR

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