Farooque vs State Statement of sole eye-witness — 2025 MLD 418 KARACHI-HIGH-COURT-SINDH

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Farooque VS State Statement of sole eye-witness---Reliance---Sole evidence of a material witness i.e. an eye-witness is always sufficient to establish guilt of the accused if the same is confidence-inspiring and trustworthy and supported by other independent source of evidence because the law considers quality of evidence and not its quantity to prove the charge. Citation Name: 2025 MLD 418 KARACHI-HIGH-COURT-SINDHBookmark this Case Farooque VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Accused were charged for committing murder of the brother of complainant by firing---Eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence---Both the parties were known to each other and were relatives and the incident was a daytime incident, therefore, there was no chance of mistaken identity of the appellant---Where the witnesses fell within the category of natural witnesses and detailed the manner of the incident in a confidence-inspiring manner then only escape available with the accused/appellant was to satisfactorily establish that witnesses were not witnesses of truth but "interested" ones---An interested witness is not the one who is relative or friend but is one who has a motive to falsely implicate an accused---Mere relationship of eye-witnesses with the deceased alone is not enough to discard testimony of the complainant and his witnesses---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 418 KARACHI-HIGH-COURT-SINDHBookmark this Case Farooque VS State Minor contradictions---Scope---Where in the evidence, the prosecution establishes its case beyond reasonable doubt then if some minor contradictions arise, which are always available in each and every case the same are to be ignored. Citation Name: 2025 MLD 418 KARACHI-HIGH-COURT-SINDHBookmark this Case Farooque VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Accused were charged for committing murder of the brother of complainant by firing---In the case in hand three eye-witnesses including the complainant had fully supported the case by specifically deposing that on the day of incident in their presence appellant and his accomplices made straight firing from their pistols upon deceased who received firearm injuries---Complainant party took him for treatment to the hospital however he succumbed to the injuries at the gate of hospital---Moreover, it was daytime incident and the parties were known to each other being relatives and residents of the same vicinity---As per the evidence of eye-witnesses the accused did not conceal their faces therefore there was no chance of mistaken identity---Perusal of record reflected that the incident took place on 25-07-2020 at 1020 hours and on the same day at 1100 hours complainant brought the deceased at hospital where at the main gate of hospital deceased died---According to evidence of Medical Officer the police reached and completed the legal formalities which suggested that complainant was in contact with the police to whom he narrated the offence promptly---Evidence of three eye-witnesses that accused ran away by foot from the place of incident leaving his motorbike as his motorbike did not start was strengthened from the fact that from the place of incident said motorbike was recovered by the police---Ocular account furnished by three eye-witnesses was further supported by the medical account and to prove unnatural death of deceased, the prosecution examined Medical Officer who while deposing had confirmed that on 25.07.2020, he received dead body brought at hospital for conducting postmortem and report---As per the postmortem report deceased received 05 firearm injuries which were through and through---Defence cross-examined the Medical Officer but did not succeed in getting any material which might favour the appellant---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 418 KARACHI-HIGH-COURT-SINDHBookmark this Case Farooque VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, common intention---Appreciation of evidence---Defence plea of previous enmity and false implication not established---Accused were charged for committing murder of the brother of complainant by firing---In matters of capital punishment, the accused would not stand absolved by making a mere allegation of dispute/enmity but was required to bring on record evidence that there had been such a dispute/enmity which could be believed to have motivated the "natural witnesses" to involve innocent persons at the cost of escape of "real culprits"---No tangible substance had been brought on record by the appellant to justify his false implication in the case at the hands of complainant party on account of any previous enmity---Documents produced by accused in his support were belied by his own defence witness (maternal aunt of accused) who in her cross-examination admitted that at the time of incident she had not gone to Police Station for registration of FIR against complainant and that she had not gone to the Court for getting the order of registration of FIR after the incident---If such wavering statement of the defence witness produced by the appellant in his defence was believed to be true then it had obviously made the defence plea of the appellant doubtful---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 418 KARACHI-HIGH-COURT-SINDHBookmark this Case Farooque VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence from the possession of accused and crime empties from the spot---Reliance---Accused were charged for committing murder of the brother of complainant by firing---Accused was arrested on 07-09-2020 and on search police recovered a TT pistol from the left fold along with eight bullets in a magazine which were sealed on the spot---Investigation Officer deposed that the recovered pistol and the empties from the place of incident were sent for Forensic Science Laboratory Report and positive Forensic Science Laboratory Report was received---Blood stained cloths of the deceased and blood stained earth was also sent for Forensic Science Laboratory and a positive report was received---Investigation Officer had fully supported the case and the recoveries, which were also supported by the mashir who was also the eye-witness of the incident---Investigation Officer and the mashir were cross-examined at length but defence failed to create a dent in their evidence---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 418 KARACHI-HIGH-COURT-SINDHBookmark this Case Farooque VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Motive proved---Accused were charged for committing murder of the brother of complainant by firing---Motive set out by the complainant was that prior to the incident "SJ" was murdered in an encounter with the police and the accused persons were of the view that it was the deceased who gave information to the police in respect of "SJ" and on such information an encounter took place resulting into the death of "SJ" (father of the appellant), therefore, for taking revenge they committed the murder---Motive set out by the complainant was not denied during cross-examination nor a strong plea of false implication was taken by the appellant---Cross-examination conducted by the defence on the witnesses was carefully examined and no substance favorable to the appellant was found---Appeal against conviction was dismissed, in circumstances.

Farooque vs State Statement of sole eye-witness — 2025 MLD 418 KARACHI-HIGH-COURT-SINDH

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