| Citation(s) |
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| 2024 SLG 6005 2024 SLD 6005 = 2024 MLD 718 |
Sindh High Court, Larkana Bench
Criminal Jail Appeal No. S-90 of 2019, decided 26th January, 2023.
Before Zulfiqar Ali Sangi, J.
Sajid Hussain Mahessar for Appellant. Aitbar Ali Bullo, Deputy Prosecutor General for the State.
Criminal Jail Appeal No. S-90 of 2019, decided 26th January, 2023.
Before Zulfiqar Ali Sangi, J.
Sajid Hussain Mahessar for Appellant. Aitbar Ali Bullo, Deputy Prosecutor General for the State.
MUHAMMAD JARO alias MANDO---Appellant
VERSUS
The STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302(b)
(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the father of the complainant by firing ---Prosecution examined three eyewitnesses of the incident who had fully supported the case and they being the natural witnesses were available at the place of incident situated in front of their house in a street alongwith deceased being real father of complainant and brother of remaining witnesses---All three eyewitnesses were cross-examined by defence but no major contradiction was brought on record which might suggest that the accused was falsely involved in a murder case of his real brother---Ocular account furnished by three eyewitnesses was further supported by the medical evidence in which Medical Officer in his evidence deposed that he conducted postmortem of deceased and found that the deceased received 07 firearm injuries, 03 were entry wounds and 03 were exit wounds, however 7th injury was of entry without exit and the Medical Officer recovered one bullet from left side back chest which was the continuation of wound of entry No.7---As per opinion of Medical Officer, all the injuries were ante-mortem in nature and caused by firearm---Circumstances established that the prosecution had proved its case against the accused beyond shadow of any doubt--Appeal against conviction was accordingly dismissed.Abdul Jabbar alias Jabbari v. The State 2017 SCMR 1155; Muhammad Asif v.The State 2017 SCMR-486; Muhammad Mansha v. The State 2018 SCMR 772; Dur Muhammad and another v. The State and another 2020 YLR 470 and Naseer Ahmed v. The State and others 2020 YLR 488 ref.(b) Criminal trial------Medical evidence---Scope---Medical evidence by itself does not throw any light on the identity of the offender---Such evidence may confirm the available substantive evidence concerning certain facts including the seat of injury, nature of injury, cause of death, kind of weapon used in the occurrence, duration between injuries and death, and presence of an injured witness or the injured accused at place of occurrence, but it did not connect accused with…