Case Details

Citation(s)
2026 SLD 3581 = 2026 MLD 966
Sindh High Court
Criminal Appeal No. 268 of 2023, decided on 30th October, 2024.
Presented By: Muhammad Iqbal Kalhoro, J
Muhammad Ilyas Khan Tanoli for Appellant.        Khadim Hussain Addl. P.G. for the State.        Javed Ahmed Kazi along with Ms. Sadaf Gul for the Complainant.

SARFRAZ AHMED---Appellant

VERSUS

The STATE---Respondent

Law: Penal Code (XLV of 1860)

Section: 324

(a) Penal Code (XLV of 1860) S. 324---Attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account supporting medical evidence---Accused was charged for causing injuries to the brother-in-law of complainant by firing---Ocular account of the incident had been furnished by complainant and injured---Complainant had reiterated the entire story narrated by him in the FIR---Complainant had revealed that how in response to information of injuries to the victim on phone, he reached the hospital and found the injured having received four bullet injuries---Complainant had further revealed the fact that injured had informed him about the incident and role of appellant to have fired multiple times upon him---Injured had supported the story of FIR---Injured had identified the appellant to be the accused who had fired upon him four times at the place of incident when he was riding on a motorcycle---Medico-Legal Officer, who had examined the injured, had described eight firearm injuries on the person of injured---As per Medico-Legal Officer, four injuries were entry wounds and four were exit wounds---Circumstances established that the prosecution had proved its case beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.        2017 PCr.LJ 479; 2024 SCMR 1310; 2024 SCMR 1191; 2019 MLD 1821; 2004 SCMR 1; PLD 2012 Sindh 307; 2011 MLD 852; 2020 SCMR 1621; 2022 SCMR 1398 and 2019 MLD 1821 ref. (b) Penal Code (XLV of 1860) S. 324---Attempt to commit qatl-i-amd---Appreciation of evidence---Discrepancies in the prosecution case---Accused was charged for causing injuries to the brother-in-law of complainant by firing---Appellant had been clearly identified by the injured who was his brother-in-law---Apparently, the complainant and injured had no ill will or a motive to falsely implicate the appellant in a case in which he had made a serious attempt on life of the injured---In the cases of injuries or murder it is very rare for the complainant or the injured to substitute the real culprit with a false one, not the least when the accused is near to one of the complainant party---Appellant was a real brother of…
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