Ismail Khan alias Razi Gul vs State Ss — 2026 YLR 1329 KARACHI-HIGH-COURT-SINDH

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Ismail Khan alias Razi Gul VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Circumstantial evidence---Scope---Accused was charged for committing murder of the brother of complainant and his friend by firing---Prosecution, in order to establish its case, examined 13-witnesses---Complainant, brother of deceased, testified that he received information regarding the murder of his brother and his friend from his sister, and he had informed police as complainant of FIR---Complainant produced the report and also acted as mashir for the recovery of empties, metallic projectiles and other articles from the crime scene---Sister of complainant/witness, although was not an eye-witness deposed that on 11.03.2019, she was informed by her sister-in-law that her father and the appellant had killed her husband and his friend inside a room of their house---Mashir of the place of incident confirmed the recovery of three empties and two metallic projectiles by the Investigating Officer---Investigating Officer visited the crime scene on the pointation of complainant and secured blood-stained articles including a blanket, bed sheet and earth, along with three 9mm pistol empties and two projectiles---Said witness also produced forensic reports and conducted proceedings under S.174, Cr.P.C.---Brother of deceased, friend of deceased brother of complainant, confirmed receipt of his brother's dead body, corroborating the occurrence of the incident---None of the prosecution witnesses were eye-witnesses to the actual commission of the offence and the case rested entirely on circumstantial evidence and post- incident recoveries---In examining the chain of circumstantial evidence connecting the accused to the commission of the double murder, particular attention was drawn to the testimonies of two witnesses, both of whom were independent and natural witnesses with no apparent motive to falsely implicate the appellant---Statements of said two witnesses lent credibility to the prosecution's narrative---Additionally, the testimony of the real daughter of the appellant/convict emerged as highly pertinent and materially relevant to the case---Evidence of real daughter of the appellant/convict was relevant with regard to her direct allegations upon her own father for the commission of murder---Defence failed to offer any reasonable explanation or justification as to why the appellant's own daughter would directly implicate him in a murder case--- Crucially, the appellant did not challenge the testimony of his daughter during cross-examination regarding the presence of the mobile phone at the crime scene, nor did he raise any objection concerning her motive or credibility---Daughter of appellant/convict discharged her initial burden of proof under oath under Article 118 Qanun-e-Shahdat Order, 1984, shifting the evidentiary burden to the appellant, who failed to rebut the same before the Trial Court---Biological daughter of the appellant had provided direct and incriminating testimony against her father, unequivocally implicating him in the commission of the double murder---Given the close familial relationship and the gravity of the allegations, statement of said witness carried substantial evidentiary weight and materially reinforced the prosecution's case---No mala fide intent was discernible in testimony of said witness and notably, the defence had failed to challenge her credibility by suggesting any ill motive, bias or grudge---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, due to mitigating circumstances, life imprisonment was reduced to imprisonment for 20-years---With said modification in sentence, the appeal against conviction was dismissed, accordingly.

Ismail Khan alias Razi Gul vs State Ss — 2026 YLR 1329 KARACHI-HIGH-COURT-SINDH

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