High court dismisses appeal of man in murder case

The Sindh High Court (SHC) has dismissed the appeal of a man in a murder case, observing that the prosecution has proved its case beyond any reasonable doubt.

Appellant Nazir Ali had been sentenced to life imprisonment by the Sujawal additional district & sessions judge for murdering Attaullah in Mirpur Bathoro in June 2015. According to the prosecution, the appellant had killed Attaullah over enmity, along with other co-accused.

The appellant’s counsel said his client was falsely implicated in the case, as all the co-accused have been acquitted. He said there were contradictions in the statements of the prosecution’s witnesses, while both the Mashirs of the case have been declared hostile.

The additional prosecutor general, the complainant’s counsel, said the appellant is specifically nominated in the FIR, who was clearly identified by the complainant and other witnesses, as he is their neighbour, and the evidence put up by the prosecution is confidence-inspiring.

The father of the deceased, who was present in the court, also contended that the appellant was the real culprit, who at the time of getting bail from the trial court had filed an affidavit admitting his guilt, and they had raised no objection to his bail, as he had promised to settle the matter, but he later backed out.

After hearing the arguments of the counsel, and the perusal of the evidence, a single SHC bench headed by Justice Mohammad Iqbal Kalhoro said that a holistic survey of the entire evidence brought by the prosecution would indicate that the prosecution has proved the case against the appellant from all angles.

The court said that an eyewitness account was furnished by three witnesses who happened to be present at the site of the incident when it took place.

The bench said the appellant living nearby in the same town was already known to the complainant party, so there is no chance of mistaken identity of the appellant by the complainant party.

The court said that all the three witnesses, who have furnished their first-hand eyewitness account, have supported each other on all material facts of the case, and there was not a single discrepancy or contradiction in their evidence that might be substantial enough to undermine the prosecution’s case.

The bench said that by presenting the evidence, the prosecution has fully established the case against the appellant beyond any reasonable doubt, adding that the appellant has offered nothing in defence in his statement to compare it with the prosecution’s evidence and give its benefit to him.

The court said that strangely, the appellant has claimed that the deceased was done to death by the complainant himself because he had an affair with a daughter of the complainant, but he has not produced any witness in support of such a plea.

The bench pointed out that on the face of it, such a plea taken by the appellant is ridiculous, and appears to be an afterthought.

The court said the prosecution has fully proved the case against the appellant, and the trial court has gone through the entire evidence and recorded its findings supported by the reasons. The bench said there is no material to justify intervention by the SHC, and dismissed the appeal.