Aijaz Ali vs State Ss — 2025 YLR 2555 KARACHI-HIGH-COURT-SINDH

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Aijaz Ali VS State Ss. 302(b) & 311---Qatl-i-amd, ta'zir after waiver or compounding of the right of qisas in qatl-i-amd---Appreciation of evidence---Police Officials as witnesses---Reliance---Scope---Accused was charged for committing murder of his mother by inflicting hatchet blows due to suspicion that she went away for purpose of meeting with someone---It was alleged by accused that the complainant and witnesses were Police Officials and no private person was cited as the witness---As per record, complainant and witnesses/Police Officials deposed at trial about the non-availability of private persons at the place of the incident for witnessing the arrest and recovery proceedings, therefore, the officials of police available at the place of incident acted as mashirs of arrest and recovery---Non-association of two private mashirs for witnessing arrest and recovery proceedings was not fatal for the case of the prosecution---Police witnesses were as good and respectable as other public witnesses and their statements could not be discarded merely for the reason that they were the officials of police, unless animosity or previous ill will of the officials of police who witnessed arrest and recovery proceedings and motive for falsely involving the accused had been brought on record---In the instant case, no previous ill will or animosity of complainant and mashirs of arrest and recovery with the appellant for falsely involving him in this case by foisting case property had been brought on record, therefore, the testimonies of the complainant and witnesses could not be discarded merely for the reason that they were officials of police---Circumstances established that the prosecution had proved its case against the accused but due to some mitigating circumstances, death sentence was converted into imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, accordingly.

Aijaz Ali vs State Ss — 2025 YLR 2555 KARACHI-HIGH-COURT-SINDH

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