| Citation(s) |
|---|
| 2025 SLG 2229 2025 SLD 2229 = 2025 YLR 697 |
Sindh High Court
Criminal Appeal No. 692 of 2019, decided on 9th October, 2023.
Before Irshad Ali Shah, J
Mohammad Ashraf Kazi, Irshad Ahmed Jatoi and Imtiaz Ali Jatoi for Appellants. Muhammad Anwar Mahar, DDPP for the State. Shabir Ahmed Kumbhar and Mohammad Nawaz Tahiri for the Complainant.
Criminal Appeal No. 692 of 2019, decided on 9th October, 2023.
Before Irshad Ali Shah, J
Mohammad Ashraf Kazi, Irshad Ahmed Jatoi and Imtiaz Ali Jatoi for Appellants. Muhammad Anwar Mahar, DDPP for the State. Shabir Ahmed Kumbhar and Mohammad Nawaz Tahiri for the Complainant.
QASIM and another---Appellants
VERSUS
The STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302(b),334,147,148,149
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(g)
(a) Penal Code (XLV of 1860)-------Ss. 302(b), 334, 147, 148 & 149---Qatl-i-amd, itlaf-i-udw, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence--Ocular account not proved---Accused were charged for committing murder of brother of complainant and causing injuries to his other brother and a relative--Complainant stated that co-accused made straight fire at his brother, which hit on his head---As per Medical Certificate deceased was found to have sustained single entry and exit wound on his temporal region and same was attributed by the complainant to co-accused, who had been acquitted by Trial Court--Complainant further stated that co-accused also made straight fire at relative of complainant, which hit on his abdomen, chest and other parts of the body, and that appellant made straight fire at brother of complainant---However, there was nothing in his evidence, which may suggest that the fire made by appellant hit the deceased---If it did hit him, then question was on which part of his body?--Complainant further stated that other appellant then caused hatchet below to injured brother of complainant with intention to commit his murder which hit on his right hand, resultantly his hand was cut and it was found connected with his skin; that co-accused then caused hatchet below to injured brother of complainant which hit him on his left thumb, resultantly it was cut down; and he also received a head injury---Injured brother of complainant stated that on the date of incident, co-accused made fire which hit the deceased and relative of complainant, and that appellant made fire with pistol which hit the deceased--Question as to which part of body; deceased sustained such injury, was not disclosed by him in his examination-in-chief---Said witness further stated that other appellant then caused hatchet below to him, which he sustained on his right hand, resultantly, it was amputated, that thereafter, co-accused caused hatchet below to him, which hit on his left index finger---However, as per Medical Officer, it was on left thumb of the injured---One of the witnesses stated that he sustained pellet injuries on his arm, backside of…