Case Details

Citation(s)
2025 SLG 2202 2025 SLD 2202 =2025 YLR 532
Sindh High Court
Criminal Appeal No. S-52 of 2023, decided on 30th May, 2024.
Before Amjad Ali Sahito, J
Mian Taj Muhammad Keerio for Appellants. Shahzado Saleem, Additional P.G. Sindh for the State. Muhammad Yaseen Khaskheli for the Complainant.

GHULAM ALI and another---Appellants

VERSUS

The STATE---Respondent

Law: Penal Code (XLV of 1860)

Section: 324,452,336,337A(i),506(ii),504,147,148,149

(a)    Penal Code (XLV of 1860)-------Ss. 324, 452, 336, 337-A(i), 506(ii), 504, 147, 148 & 149---Attempt to commit qatl-i-amd, house-trespass after preparation for hurt, itlaf-i-salahiyat-iudw, shajjah-i-khafifah, criminal intimidation, intentional insult with intent to provoke breach of peace, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Accused were charged that they while armed with deadly weapons entered into the house of complainant party and injured the brother of complainant---Complainant, injured witness as well as all other eye-witnesses of the incident had fully explained the date, time, place of incident, manner of occurrence and involvement of the appellants---From the perusal of the evidence of the injured/eye-witnesses and other private witnesses, it appeared that they could not be termed as chance witnesses but rather would fall within the category of natural witnesses---From the appreciation of evidence, it was crystal clear that the prosecution remained successful in bringing cogent and unimpeachable direct evidence well supported and corroborated by the medical version against appellants---Evidence of the witnesses and injured witness could not be discarded merely because they were close relatives inter-se particularly since their presence at the place of occurrence was obvious as the incident took place in the house of the complainant party and in broad daylight---Appeal against conviction was dismissed, in circumstances.(b)    Criminal trial-------Direct evidence---Scope---Direct evidence is material to decide the fact and to prove the charge---Insufficient, contradictory, discrepant direct evidence is deemed inadequate to hold a criminal charge as not proved but where direct evidence remains in the field and is natural and confidence inspiring then the requirement of independent corroboration was only a rule of abundant caution and not a mandatory rule to be applied invariably in each case.Muhammad Ihsan v. The State 2006 SCMR 1857 rel.(c)    Criminal trial-------Minor contradictions---Scope---Where the prosecution establishes its…
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