Related witnesses---Reliance---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of son of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Allegedly, eye-witnesses were related to the deceased---Eye-witnesses being related to the deceased in the case of extortion and murder was of little, if any, assistance to the accused---Despite the close relationship of the complainant with deceased and with the other eye-witnesses, the evidence of eye-witnesses after careful reconsideration was found trustworthy---Mere relationship with the deceased was no ground to discard otherwise trustworthy evidence provided that there was no ill will or enmity between the witnesses and the accused, which was not present in the present case---Moreover, the deceased was murdered in the presence of his own son---Mere relationship is not sufficient to bring a witness within meaning of category of interested witness but it would always be the motive of such an event where one agreed to involve an innocent person at cost of the real culprit---However in the present case it was extremely unlikely for the complainant to set free the real culprit and nominate innocent persons instead and that too without any justifiable rhyme or reason---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt
2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH
SADORO MIRBAHAR vs State
Safe custody of pistol and empties and safe transmission to expert established---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of father of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Recovered case property was sealed on the spot and that fact was reaffirmed by the Forensic Science Laboratory---Examiner who noted under general remarks in his report that the parcels received were in sealed condition---Safe custody of pistol and empties and safe transmission to expert were not disputed by defence---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt
2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH
SADORO MIRBAHAR vs State
Minor contradictions in evidence of witnesses---Inconsequential---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of son of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Evidence of all the prosecution witnesses was consistent on all material particulars of the case, although there were minor contradictions in the evidence of the witnesses, but the same were not material and certainly not of such materiality so as to affect the prosecution case---Such variations might well be due to lapse of memory or confusion caused in his mind by a relentless cross-examiner or due to lapse of time---Every contradiction could not take place of a material contradiction and, therefore, minor contradictions, inconsistencies or insignificant embellishments did not affect the core of the prosecution case and would not be taken to be a ground to reject the prosecution evidence---Defence could not point out any material discrepancy in the evidence of the eye-witnesses besides the few minor ones---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt---
2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH
SADORO MIRBAHAR vs State
Presence of element of terrorism in the incident---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of son of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Element of terrorism was present in the case as it was evident that the accused along with his accomplices was aerially firing and causing harassment in the area which, as per witness testimonies, had also caused many people to run away from the area, and not only that, he had committed the murder of a Police Constable, justifying the charges under the Anti-Terrorism Act, 1997---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt-
2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH
SADORO MIRBAHAR vs State
Recovery of weapon of offence from the accused and crime empties from the spot---Reliance---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of father of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Record showed that the relevant weapon was recovered from the accused had a rubbed number---Said fact was mentioned in the FIR, the memo of recovery and in the Forensic Science Laboratory Report, which suggested that the weapon originally recovered from the accused was the same later on received by the Forensic Science Laboratory---In the description of the articles received, the pistol was mentioned as one 30 bore pistol, number rubbed but recovered from accused---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt
2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH
SADORO MIRBAHAR vs State
Ocular account supported by medical evidence---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of father of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Ocular account had been furnished by complainant and two injured witnesses---Perusal of the depositions of two injured eye-witnesses when put in juxtaposition with the FIR and the version of the complainant suggested that both the eye-witnesses had fully implicated the accused while assigning him role of causing a firearm injuries to the deceased along with other assailants---Even complainant and the two eye-witnesses of the main incident of murder and demand of extortion had fully implicated the accused while assigning him the specific role of firing at the deceased---Medical Officer conducted postmortem of deceased and found similar injury on him being a lacerated punctured wound on left upper chest over the heart and the exit wound at the back---All of prosecution witnesses unequivocally stated that they were present at the place of incident and then were shot at by the assailants---All the said witnesses had fully supported the prosecution case to the effect of involvement of the present accused---During cross-examination, defence was unable to point out any major discrepancies that might be fatal to the prosecution case---All the assailants were armed---Nature and locale of injury was also supported by Medical Officer who conducted postmortem of both the deceased, finding twelve injuries with a wound of entry and exit on the person of the deceased Police Constable and two on deceased son of complainant and those were caused by the firearm of the accused---Motive behind the murder of deceased was demand of Bhatta (extortion money)---Said aspect of the case had not been denied either, nor had such assertion been placed before the prosecution witnesses at the time of cross-examination---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt
2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH
SADORO MIRBAHAR vs State
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