| Citation(s) |
|---|
| 2023 SLG 1151 2023 SLD 1151 2023 YLR 750 |
Sindh High Court, Hyderabad Bench
Criminal Appeal No. D-68 and Confirmation Case No. D-08 of2015, decided on 1st July, 2021. Date of hearing: 23rdJune, 2021.
MOHAMMAD KARIM KHAN AGHA AND ZULFIQAR ALI SANGI, JJ
Criminal Appeal No. D-68 and Confirmation Case No. D-08 of2015, decided on 1st July, 2021. Date of hearing: 23rdJune, 2021.
MOHAMMAD KARIM KHAN AGHA AND ZULFIQAR ALI SANGI, JJ
MUHAMMAD ASHRAFvsThe STATE
Law: Penal Code (XLV of 1860)
Section: 302(b)
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the brother of complainant---Ocular account had been furnished by three witnesses including complainant---Said three eye-witnesses fully supported the prosecution case---All three of them, during cross-examination were on same line and no major contradiction was pointed out by defence---Eye-witnesses being workers at the shop/place of occurrence were natural witnesses---Presence of said witnesses at the place of incident at the relevant time was established---Incident was of day time and all witnesses knew the accused prior to the incident, therefore, there was no chance of mistaken identity--- Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Zeeshan alias Shani v. The State 2012 SCMR 428; Noor Muhammad v. The State 2010 SCMR 97; Muhammad Fiaz Khan v. Ajmer Khan and another 2010 SCMR 105; Iftikhar Hussain v. The State 2004 SCMR 1185; Hashim Qasim v. State 2017 SCMR 986; Muhammad Nawaz v. The State PLD 2005 SC 40; Tariq Pervez v. The State 1995 SCMR 1345; Ayub Masih v. The State PLD 2002 SC 1048; Yameen Kumhar v. The State PLD 1990 Kar. 275; Amjad Shah v. The State PLD 2017 SC 152; Ghulam Mohy-ud-Din v. The State 2014 SCMR 1034; Ahmad Nawaz v. The State 2011 SCMR 593; Iftikhar Mehmood v. Qaiser Iftikhar and others 2011 SCMR 1165; Muhammad Imran alias Asif v. The State 2013 SCMR 782; Sabir Hussain alias Sabri v. The State 2013 SCMR 1554; Zeeshan Afzal alias Shani v. The State and another 2013 SCMR 1602; Muhammad Anwar v. The State 2014 SCMR 338; Naveed alias Needu v. The State and others 2014 SCMR 1464; Muhammad Nadeem Waqas v. The State 2014 SCMR 1658; Muhammad Asif v. Muhammad Akhtar and others 2016 SCMR 2035; Qaddan and others v. The State 2017 SCMR 148 and Muhammad Sadiq v. The State 2017 SCMR 144 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Interested witnesses---Scope---Accused was charged for committing murder of the brother of complainant---Contention was that the…
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