Citation Name: 2025 PCrLJ 881 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSHAD HUSSAIN vs State Ss

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Citation Name: 2025 PCrLJ 881 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSHAD HUSSAIN VS State Ss. 302(b), 392, 396, 397 & 34---Qatl-i-amd, robbery, committing robbery or dacoity, at the time of committing dacoity or robbery the offender uses any deadly weapon or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, common intention---Appreciation of evidence---Ocular account proved---Accused was charged for committing murder of the brother of complainant by firing while snatching money---Prosecution case mainly rested on the evidence of a sole eye-witness/employee in the shop of deceased---Said witness deposed that on 09.02.2015 at about 03.30 pm, he was present in the shop with deceased---At that time, two persons arrived at shop having weapons in their hands; they pointed weapons at deceased, who was owner of the shop and demanded money from him---Deceased handed over all money, but accused persons demanded more money---Thereafter, accused persons quarrelled with deceased and one of the accused fired shot at deceased on his abdomen and ran away---However, appellant was apprehended by the persons of the locality outside of the shop and from his possession one pistol was recovered---Police made said witness as mashir of arrest and recovery---Thereafter, deceased then injured was shifted to the hospital where he succumbed to the injuries---Said witness deposed that accused present before the trial Court was same---Eye-witness of incident admittedly was not related to the deceased; he was serving at the shop of deceased since 12/13 years and he could not be termed as a chance witness---On the day of incident, S.161 Cr.P.C statement of eye-witness was recorded, which clearly showed that he was present at the time of incident---Said witness was subjected to cross-examination, but intrinsic value of his evidence could not be shaken---Circumstances established that the prosecution had proved its case beyond any shadow of doubt, however, due to mitigating circumstance, the death sentence was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

Citation Name: 2025 PCrLJ 881 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSHAD HUSSAIN vs State Ss — 2025 PCrLJ 881 KARACHI-HIGH-COURT-SINDH

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