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---Non-recovery of crime weapon---Direct ocular account supported by medical and physical evidence---Accused were charged with committing the murder of the wife of the complainant's brother by firing---In the present case, no weapon of offence was recovered---However, recovery is only acorroborative piece of evidence and where strong and unimpeachable ocular version is available, non-recovery of the crime weapon is not fatal to the prosecution case---Investigating Officer recovered five spent pistol cartridges lying near the entrance of the house and sealed them through memo---In addition, photographs produced clearly depicted eight to nine bullet holes in the iron door of the house---Said physical evidence strongly supported the prosecution narrative that multiple shots were indiscriminately fired by the accused at the time of the incident---Pattern, number and location of bullet marks provided an objective reconstruction of the manner of assault and affirmed the direction and trajectory of firing described by the eye-witnesses---In these circumstances, non-recovery of the crime weapon did not, by itself, weaken the prosecution case---Where there was direct, confidence-inspiring ocular testimony duly supported by medical evidence and further reinforced by physical indicators at the scene, absence of recovery of the crime weapon was not fatal---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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