Summary: Summary pending

Summary: Background: This case arises from an appeal against the judgment dated 18.10.2018 by the IV-Additional Sessions Judge, Karachi East, in Sessions Case No. 610 of 2013. The case involved the appellant, who was convicted of murder under Section 302(b) of the Pakistan Penal Code (PPC) and sentenced to life imprisonment with a fine of Rs. 50,000. The incident occurred on 05.09.2012, when the accused allegedly assaulted and later fatally shot the victim over a personal dispute. The appellant was arrested after a year of evading the law and pleaded not guilty to the charges. ----Issues: 1- Was the appellant guilty of committing murder under Section 302(b) PPC? 2- Could the contradictions in the evidence, specifically between medical reports and eyewitness testimony, affect the credibility of the prosecution’s case? 3- Should the absence of the recovery of the weapon or other investigation flaws lead to an acquittal? ----Holding/Reasoning/Outcome: The court upheld the conviction of the appellant, ruling that the prosecution had proven its case beyond reasonable doubt. Despite certain minor contradictions and flaws in the investigation, the evidence provided by the prosecution's witnesses was deemed reliable. The major contradiction between medical evidence (which indicated an injury to the right eye) and eyewitness testimony (which mentioned the left eye) was noted but considered insufficient to discredit the consistent and credible accounts of multiple witnesses. The court held that in cases where there is a discrepancy between medical and ocular evidence, ocular testimony generally takes precedence if it is otherwise reliable. The court dismissed the argument that the absence of the weapon should lead to an acquittal, given that the appellant had sufficient time to destroy the weapon after absconding for nearly a year. The appeal was dismissed, and the conviction and sentence were maintained, with the benefit of Section 382-B Cr.P.C. extended to the appellant. -----Citations/Precedents: Allah Ditta vs. The State and another (2019 P. Cr. L.J. 172) Mohammad Mansha vs. The State (2018 SCMR 772) Tanveer alias Chand vs. The State (2018 YLR 2264) Ashfaque Ali vs. The State (2018 YLR Note 246) Mohammad Imran vs. The State (2018 YLR 2394) Sikandar alias Sani vs. The State (2018 MLD 1220) Mohammad Islam vs. The State (SBLR 2018 Sindh 1580) Allah Ditta vs. The State (PLJ 2018 Cr.C. 843) Mohammad Nadeem alias Deemi vs. The State (2011 SCMR 872) NAWAB ALI vs. The State (2014 P. Cr. L.J. 885) MOHAMMAD ARSHAD vs. The State (2020 SCMR 2025) Mohammad Ilyas vs. The State (2011 SCMR 460) Mohammad Javed and Others vs. Zameer Haider and two others (2018 YLR 1021) Muhammad Aslam and others vs. The State and others (2005 P.Cr.L.J. 1352) The State/ANF vs. Muhammad Arshad (2017 SCMR 283) Arif vs. The State (PLD 2006 Peshawar 5) Riaz Masih alias Bhola vs. The State (2001 YLR 279) Muhammad Safdar through Attorney vs. The State (2016 MLD 1325) Zakir Khan vs. The State (1995 SCMR 1793) ASHFAQ AHMED vs. THE STATE (2007 SCMR 641)

Summary: Pending

Summary: Pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Against death sentence in private complaint u/s 302/34/109 PPC