Case Details

Citation(s)
2018 SLG 832 2018 SLD 832 2018 YLR 86
Sindh High Court
Criminal Appeal No. D-17, Criminal Jail Appeal No. D-18 and Confirmation Case No. 4 of 2013, decision Dated: 30-03-2017. Hearing Date : 20-02-2017.
NIAMATULLAH PHULPOTO, JUSTICE, RASHEED AHMED SOOMRO, JUSTICE
Ms. Nasira Shaikh for Appellant. Syed Meeral Shah Bukhari, Deputy Prosecutor General for the State.

SADAM HUSSAIN

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 302(b),506(2)

Law: Criminal Procedure Code (V of 1898)

Section: 374

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 506(2)---Qatl-i-amd, threat to cause death or grievous hurt---Appreciation of evidence---Ocular account corroborated by medical evidence---Prosecution case was that accused had refused to allow his wife to go with her parents but they took their daughter without permission of accused, which caused annoyance and he murdered parents of his wife---Ocular account was furnished by witnesses/real sons of deceased persons---Said witnesses implicated the accused-appellant in the commission of offence---Evidence of said witnesses reflected that occurrence had taken place during day time and both parties being closely related to each other, there was no possibility of mis-identification of accused-appellant---Said witnesses had no enmity with the accused to falsely involve him in the case---Witnesses had plausibly explained their presence at the time of incident and given consistent account of the occurrence and had corroborated each other in respect of date, place and time of incident---Witnesses were subjected to lengthy cross-examination but the intrinsic value of their evidence could not be shaken---Record showed that FIR was promptly lodged within two hours of the occurrence, which excluded the chance of false implication of accused---Ocular version was fully corroborated by the medical evidence, as both the deceased lost their lives due to firearm injuries---Circumstances established that prosecution had successfully proved its case against the accused-appellant through direct evidence corroborated by medical evidence---Appeal against conviction and sentence was dismissed in circumstances. Iqbal alias Ladla and another v. The State 2000 PCr.LJ 1607; Hidayatullah and 3 others v. The State 1983 PCr.LJ 447; Sajid Ali Shah v. The State 2010 PCr.LJ 211; Pir Jan and another v. The State 1997 PCr.LJ 1646; Sobho and 2 others v. The State PLD 2004 Kar. 8; Lal Bux v. The State 1988 MLD 174; Riaz v. The State PLD 2007 Lah. 606; Ghafoor Khan v. Mst. Gulab Zari and another PLD 2006 Pesh. 102; Muhammad and another v. The State 1991 PCr.LJ 761 and Dadullah and another v. The State 2015 SCMR 856 ref. Sharafat Ali v. The State…
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