| Citation(s) |
|---|
| 2010 SLG 907 2010 SLD 907 2010 PLJ 440 |
Peshawar High Court
Crl. A. No. 35 of 2009, decision & hearing Dated: 17.12.2009.
ATTAULLAH KHAN, JUSITCE
Mr. Sultan Sheheryar Khan Marwat, Advocate for Appellants. Mr. Jamal Abdul Nasir, Advocate for State. Mr. Muhammad Ismail Alizai, Advocate for Complainant.
Crl. A. No. 35 of 2009, decision & hearing Dated: 17.12.2009.
ATTAULLAH KHAN, JUSITCE
Mr. Sultan Sheheryar Khan Marwat, Advocate for Appellants. Mr. Jamal Abdul Nasir, Advocate for State. Mr. Muhammad Ismail Alizai, Advocate for Complainant.
INAMULLAH KHAN & ANOTHER
VS
STATE AND ANOTHER
Law:
Section:
Testimony of interested witness-- ----Principle--Even an interested witness can be believed if his testimony is corroborated by other evidence--Mere relationship is not enough to discard the other evidence. Testimony of witness-- ----Principle--Court at the most is required to ascertain as to whether the witness saw the occurrence and was in a position to give evidence and whether he should be believed without corroboration or not. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 324 & 34--Conviction and sentence--Challenge to--Contradictions--In respect of medical evidence--Day light occurrence--Evidence of an interested witness cannot be disbelieved unless any illwill on his part with the accused was brought on record--Number of s of Superior Courts that related witness may be relied when found truthful with contest--On the contrary, inimical or interest witness cannot be stopped from deposition because the Court has to see whether the said testimony was in consonance with material evidence which was otherwise confidence inspiring--Appellants had failed to bring on record any material to stamp both the PWs with material illwill for false implication--Their evidence was in consonance with the medical evidence and other circumstances and they cannot be discarded simply because of their enmity and relation inter se and the arguments of counsel for appellants were of no avail--Appeal dismissed. PLJ 1974 SC 134, 1969 P.Cr.LJ 1168, 1969 PCr.LJ 1565 & PLD 1977 SC 413, ref. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, JUSITCE---.--- An Additional Sessions Judge, Lakki Marwat, after framing formal charge against the two accused, namely, Inamullah and Gul Zaroof, under Sections 324/34 PPC for attempting at the life of complainant Zarin Khan convicted and sentenced both the accused for five years R.I. and fine of Rs. 5,000/- each and in default of payment to suffer three months S.I. Benefit of section 382-B PPC was also extended to the accused. 2. Both of them have assailed the above mentioned judgment through Appeal Bearing No. 35/2009. Similarly, Zareen Khan complainanthas also challenged the said judgment in criminal revision No. 36 of 2009 with the prayer to…
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