IFTIKHAR KIYANI alias Khara vs State Ss — 2025 SCMR 1360 SUPREME-COURT

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IFTIKHAR KIYANI alias Khara VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Ocular account supported by medical evidence---Appellant was charged that he along with his co-accused committed murder of the brother of complainant---Ocular account of the incident had been furnished by complainant and a witness---Testimonies of said witnesses were consistent and corroborative with each other on all material particulars of the occurrence, including the date, time, place, and the modus operandi of the offence---Both the eye-witnesses unequivocally attributed the role of causing firearm injury on the person of the deceased to the appellant---As the occurrence took place in broad daylight and the appellant was previously known to the eye-witnesses, the possibility of mistaken identity stood excluded---Presence of the eye-witnesses at the spot at the time of occurrence had been satisfactorily explained and appeared natural---Both the eye-witnesses were subjected to lengthy and searching cross-examination, yet nothing material could be elicited to undermine their credibility or shake their evidence---No doubt, complainant was the real brother of the deceased and witness was a close relative but the defence failed to advance any plausible reason or motive for their alleged false implication of the appellant while sparing the actual perpetrator(s)---Proposition of wrongful substitution, in such circumstances where close relatives had witnessed the murder of their kin, was inherently implausible and was rarely encountered in criminal jurisprudence---Medical evidence furnished by Medical Officer, who conducted autopsy on the dead body of the deceased, fully supported the prosecution's case---According to the statement of Medical Officer, firearm injury rupturing the trachea of the deceased and causing severe bleeding resulted into the unnatural death of the deceased---Circumstances established that the prosecution had successfully established the guilt of the appellant beyond shadow of reasonable doubt---Appeal was dismissed accordingly.

IFTIKHAR KIYANI alias Khara vs State Ss — 2025 SCMR 1360 SUPREME-COURT

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