Criminal Appeal 227/2019 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2023 · Before Omar Sial

Wali Mohammad (the appellant herein), Ali Ahmed and Ali Mohammad were charged by the learned 2nd Additional Sessions Judge, Thatta for having committed the murder of one Jawaid on 08.05.2013. After a full dress trial, on 18.03.2019, the latter 2 accused were acquitted by the learned trial court whereas Wali Mohammad was convicted under section 302(b) P.P.C. and sentenced to a life in prison as well as directed to pay a compensation of Rs. 100,000 to the legal heirs of the deceased or spend a further period of 6 months in prison.

2. A background to the case is that the deceased Jawaid worked as a helper at a Shell Petrol Station in Mirpur Bathoro. On 08.05.2013 at about 7:00 p.m. a motorcycle on which were riding Wali Mohammad and Ali Ahmed came to the petrol station and Wali Mohammad shot Jawaid in his stomach and then the 2 accused sped away on their motorcycle. Ali Mohammad was brought into the case as an accused as it was alleged that Jawaid had been shot at upon his instructions. An injured Jawaid was first taken to a nearby hospital but was told to go to a bigger hospital in the closest city of Hyderabad. Jawaid died before he could reach the hospital. F.I.R. No. 45 of 2013 was registered under sections 302, 109 and 34 P.P.C. at the Mirpur Bathoro police station on the complaint of Mohammad 2 Qasim on 09.05. 2013. Wali Mohammad was arrested on 14.05.2013 and a pistol recovered from him.

3. The 3 accused pleaded not guilty to the charge against them and claimed trial. At trial PW-1 Mohammad Ramzan was an eye witness to the occurrence; PW-2 Fayyaz Ahmed was another helper at the Shell petrol station as well as an eye witness of the incident. PW-3 Abdul Sattar served as witness to several steps in the investigation as well as the arrest of the accused. PW-4 Sarkar Ali was the tapedar who prepared the sketch of the place of incident; PW-5 Dr. Abdul Qadir examined the injured Jawaid before opining that he should be taken to a bigger hospital in the nearest city of Hyderabad. PW-6 Dr. Faiz Ahmed conducted the post mortem on the deceased. PW-7 S.I. Mohammad Jameel was the investigating officer of the case. In their respective section 342 Cr.P.C. statements all the accused pleaded innocence, denied all wrong doing however did not give their version of events nor did they examine themselves on oath or desire to bring any witness to support their innocence.

4. Learned counsel for the appellant has argued that the appellant deserved to be acquitted on the ground of consistency keeping in view the fact that the other 2 accused were acquitted; that the witnesses were all related inter se to the deceased; the complainant was not examined at trial; that witness Ramzan made several errors in his testimony; the currency notes which were taken from the accused at the time of his arrest were not produced as case property; that although the prosecution claimed that only one empty was found at the place of incident, 2 were produced at trial and thus the recovery cannot be trusted; that the injury to the deceased was found on his right side by the doctor whereas the witnesses said that it was on the left; a few other minor contradictions were also pointed out.

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