Parvaiz vs State Ss — 2026 YLR 1382 KARACHI-HIGH-COURT-SINDH

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Parvaiz VS State Ss. 302(b), 324, 504, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rioting armed with deadly weapons and unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Consistent testimony of inmate eye-witnesses---Firearm injuries corroborated by medico-legal evidence---Accused were charged with committing the murder of the wife of the complainant's brother by firing---Record indicated that the prosecution case rested upon the ocular testimony of the complainant and eye-witness/brother of the complainant---Account of said witnesses provided the primary backbone of the incident narrative upon which the prosecution case firmly rested---Eye-witness, who was the real brother of the complainant, narrated the incident in the same clear and consistent line as the complainant---Account of said eye-witness fully corroborated the complainant's version on all material particulars, including the presence of the accused at the outer door, their armed condition, demand to withdraw the earlier robbery case and straight firing made by accused "PK", which struck the deceased inside the house---Testimony of said witness reflected natural coherence and bore the qualities of a witness who had observed the occurrence from close quarters---No material contradiction was elicited during cross-examination and his evidence, read together with that of the complainant, fortified the prosecution's narrative and provided a consistent ocular account of the occurrence---There was no material loophole or infirmity in their evidence---Both witnesses remained consistent on the central aspect that the armed appellants had arrived at the complainant's house---Defence did not challenge the occurrence, its time or place, or the presence of the accused; it focused only on peripheral details such as distances within the house, movements during the firing and the manner in which the injured was shifted---Said inquiries themselves proceeded on an implied admission that firing had taken place inside the house and firearm injuries had been caused---Ocular evidence was further corroborated by medical evidence---Medical evidence and ocular testimony were consistent with each other on all relevant aspects, including the date and time of arrival of the complainant party at the hospital---Woman Medico-Legal Officer examined the injured shortly after the incident, issued a provisional medico-legal certificate and documented fresh firearm injuries on the right hand and left thigh, consistent with the account of the complainant and eye-witness---Circumstances established that the prosecution had proved its case beyond reasonable doubt; however, due to mitigating circumstances, the death sentence was converted into imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, accordingly.

Parvaiz vs State Ss — 2026 YLR 1382 KARACHI-HIGH-COURT-SINDH

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