Ghulam Mustafa vs State Ss — 2026 PCrLJ 865 KARACHI-HIGH-COURT-SINDH

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Ghulam Mustafa VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Accused was charged for committing murder of the brother of complainant---In the case in hand three eye-witnesses including the complainant had fully supported the case by specifically deposing that on the day of incident in their presence appellant and his other accomplices made straight firing from their rifle and pistols upon deceased and caused him firearm injuries and complainant party took him for treatment towards the hospital however he succumbed to the injuries few minutes before reaching hospital---Parties were known to each other being resident of the same vicinity---As per the evidence of eye-witnesses the accused were with open faces therefore there was no chance of mistaken identity---Record reflected that the incident took place on 07.07.2016 at 00:30 hours and on the same date at 01:15 a.m. complainant brought the deceased at hospital where few minutes before reaching hospital deceased died and as per the evidence of Medical Officer, he started the postmortem from 02:20 to 03:28 am---Record showed that the police reached and completed the legal formalities which suggested that complainant was in contact with the police and he narrated the offence to the police promptly---Motive set out by the complainant was that appellant was annoyed due to defeat in local body election 2015 therefore by taking such revenge he committed the murder---Motive set out by the complainant was not denied during the cross-examination nor was strong plea taken by the appellant for his false implication---Cross-examination conducted by the defence to the witnesses found no substance favorable to the appellant---Appellant was arrested with recovery of 44-bore rifle and magazine containing 05-bullets---Blood stained clothes of the deceased and blood was also sent for Forensic Science Laboratory and a positive report was received and exhibited in the evidence---Investigating Officer had fully supported the case and the recoveries were too supported by the mashir and the eye-witness---Investigation Officer and the mashir were cross-examined at length but defence failed to create a dent in their evidence---Appeal against conviction was dismissed, in circumstances.

Ghulam Mustafa vs State Ss — 2026 PCrLJ 865 KARACHI-HIGH-COURT-SINDH

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