Saeed-Ur-Rahman vs State Ss — 2025 MLD 651 KARACHI-HIGH-COURT-SINDH

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Saeed-Ur-Rahman VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account proved---Accused was charged that he along with his co-accused in furtherance of their common intention committed murder of the brother of complainant by giving axe blows---Ocular account of the incident had been furnished by complainant, father and brother of accused---Admittedly, the complainant's evidence was based on hearsay as regards the murder but he did specifically name the appellant as the one who murdered the deceased by hatchet and did personally see the hatchet injuries on the face and shoulders of the deceased at the hospital---Complainant made no material improvements in his evidence from his S.154, Cr.P.C statement---Complainant was also related to the accused and as such had have no reason to implicate him in a false case as there was no ill will or enmity between them and had every reason to try and save him from any culpability---Complainant confirmed the presence of father of the accused at the hospital---According to the evidence of father of the accused his son/accused was annoyed with his sister's marriage to the deceased and had sent his wife and children away to his village as he thought his son had already made up his mind to murder the deceased---Accused admitted killing deceased so the witness told his other son to go and see if the deceased was still alive---Other son of the witness informed him that the deceased had been killed by hatchet blows---Accused and the deceased had every reason to be with each other as they were related to each other and were staying at their godown---Accused also had a motive to kill the deceased as he disapproved of the wedding with his sister as per the FIR---Neither the father nor the brother of the accused had any reason to implicate the accused who was their real son/brother in a false case---Both of them gave their evidence in a straightforward manner and were not dented during cross-examination and their evidence was found to be trustworthy, reliable and confidence inspiring---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed accordingly.

Saeed-Ur-Rahman vs State Ss — 2025 MLD 651 KARACHI-HIGH-COURT-SINDH

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