| Citation(s) |
|---|
| 2014 SLG 546 2014 SLD 546 2014 MLD 1065 |
Sindh High Court
Criminal Jail Appeal No. S-264 of 2006, decision Dated: 28-08-2013. Hearing Date : 22-07-2013.
SADIQ HUSSAIN BHATTI, JUSTICE
Ms. Alia Sehar for Appellant. S. Meeral Shah, D.P.G. for the State.
Criminal Jail Appeal No. S-264 of 2006, decision Dated: 28-08-2013. Hearing Date : 22-07-2013.
SADIQ HUSSAIN BHATTI, JUSTICE
Ms. Alia Sehar for Appellant. S. Meeral Shah, D.P.G. for the State.
MUHARRAM
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-amd---Appreciation of evidence---All three eye-witnesses had fully supported the prosecution case, and there was no dent in their evidence and their presence at the spot was not denied---Act of accused had shown the degree of venom, he had for the deceased---Motive was introduced, but left aside and not pressed, or hushed up to avoid further untoward incident---Motive, in circumstances, was not proved---Eye-witnesses' account was unblemished, corroborated by recovery of blood-stained crime-weapon, blood-stained clothes---Chemical report was positive---Since motive was not proved, accused had been given lesser punishment---After the final arguments were addressed, accused decamped, the court after declaring him proclaimed offender, kept his case on dormant file under S.512, Cr.P.C.---Accused after hectic effort was arrested after five years of his abscondance---Statements of eye-witnesses remained consistent on material particulars, despite lengthy cross-examination---Prosecution had been able to prove its case beyond reasonable doubt, in circumstances---Appeal was dismissed. (b) Criminal trial--- ----Witness---Related witness---Consideration of---Related witnesses could not be disbelieved, because of their relationship; their testimony could very well be taken into account, to evaluate their evidence, if it rang true coupled with other evidence. THIS ORDER PASSED BY: SADIQ HUSSAIN BHATTI, JUSTICE:---.--- The Appellant/Accused Muharram son of Ali Muhammad Kori was tried under section 302, P.P.C. for the murder of deceased Dhani Bux son of Bakhar Kori and is sentenced to imprisonment for life, along with the compensation of Rs.1,00,000 (Rupees One Lac) to be paid to the L.Rs. of the Deceased under section 544-A, Cr.P.C. or in case of default to suffer 2 years' R.I. vide judgment dated 31-10-2006 of the learned Additional District and Sessions Judge, Tando Adam. 2. On 10-8-1996 at 7-30 p.m. complainant Baradi son of Bakhar Kori lodged an F.I.R. at Police Station Tando Adam, which was registered as F.I.R. No. 138/1996, regarding the above incident. The contents of it reads as under:-- "On 10-8-1996 at 7.30 p.m.…
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