Ghulam Hyder vs State Ss — 2025 MLD 682 KARACHI-HIGH-COURT-SINDH

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Ghulam Hyder VS State Ss. 302(b), 302(c) & 504---Qatl-i-amd, intentional insult with intent to provoke breach of peace---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the brother of complainant by inflicting hatchet blows---Complainant/eye-witness was related to the deceased and the accused and no proven enmity had come on record between the complainant and the accused and as such his evidence could not be discarded and had to be considered at its own worth---Complainant knew the accused before the incident---Incident happened in front of complainant in broad day light at 9.30 am in the morning and hence there was no need for an identification parade---Complainant was not a chance witness as his house was nearby and he was working in his land with his brother/deceased---Complainant had no proven enmity or ill will with the accused and as such had no reason to implicate him in a false case---Complainant gave his evidence in a straight forward manner and was not dented during cross-examination---Evidence of complainant was found to be reliable, trustworthy and confidence inspiring especially in relation to the identification of the accused---Moreover, it did not appeal to logic, commonsense or reason that a brother would let the real murderer of his real brother get away scot free and falsely implicate an innocent person by way of substitution---Medical evidence and post mortem report fully supported the eye-witness version that the deceased died from receiving two injuries from a sharp cutting instrument i.e., a hatchet in the place which he claimed---Circumstances established that the prosecution had proved its case against appellant under S.302(c), P.P.C instead of under S.302(b), P.P.C, and as such appellant was convicted and sentenced under S.302(c), P.P.C---Appeal was disposed of with modification in sentence.

Ghulam Hyder vs State Ss — 2025 MLD 682 KARACHI-HIGH-COURT-SINDH

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