| Citation(s) |
|---|
| 2023 SLG 1752 2023 MLD 1040 2023 SLD 1752 |
Sindh High Court, Sukkur Bench
Criminal Jail Appeal No. S-97 of 2021, decided on 18thMarch, 2022.Date of hearing: 18th March, 2022.
Before Zulfiqar Ali Sangi, J
Sarfraz Khan Jatoi and Muhammad Afzal Jageerani for Appellants.Nemo for the Complainant.Syed Sardar Ali Shah for the State.
Criminal Jail Appeal No. S-97 of 2021, decided on 18thMarch, 2022.Date of hearing: 18th March, 2022.
Before Zulfiqar Ali Sangi, J
Sarfraz Khan Jatoi and Muhammad Afzal Jageerani for Appellants.Nemo for the Complainant.Syed Sardar Ali Shah for the State.
NISAR and another---AppellantsVersusThe STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302(b),324,148,149,337-H(2)
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148, 149 337-H(2)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, rash or negligent act to endanger human life or personal safety of others---Appreciation of evidence---Accused were charged for committing murder of two persons of the complainant party by firing including son of complainant---Three eye-witnesses of the incident deposed against the accused persons, one of them received firearm injury at the time of incident---All the said witnesses were consistent with each other that the accused persons made direct fire from their respective weapons upon the injured and the deceased---Occurrence was a day time incident and the parties were known to each other, therefore there was no chance of mistaken identification---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal was dismissed accordingly. Muhammad Mansha v. The State 2018 SCMR 772; Tariq Pervez v. The State 1995 SCMR 1345; Muhammad Javaid v. The State 2016 PCr.LJ 18; Muhammad Akram v. The State 2009 SCMR 230; Muhammad Sadiq v. The State 2017 SCMR 144; Amin Ali v. The State 2011 SCMR 323 and Muhammad Noor v. Riaz Shah and another 2016 MLD 757 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148, 149 337-H(2)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, rash or negligent act to endanger human life or personal safety of others---Appreciation of evidence---First Information Report lodged with promptitude--- Scope--- Accused were charged for committing murder of two persons of the complainant party by firing including son of complainant---First Information Report of the present case was registered promptly---First Information Report was registered on the same day similarly the injured were examined by the doctor same day, which excluded the possibility of consultation or deliberation on the part of the prosecution---Evidence of the witnesses had established that after the incident complainant immediately went to the hospital to save the life of injured persons and thereafter…
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