| Citation(s) |
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| 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.
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…