| Citation(s) |
|---|
| 2014 SLG 2463 2014 SLD 2463 2014 PCRLJ 1625 |
Peshawar High Court
Criminal Appeal No. 49-M with Murder Reference No. 3-M of 2012, decided on 23rd October, 2013
MIAN FASIH-UL-MULK AND MUHAMMAD DAUD KHAN, JJ
Sahibzada Mushtaq Ahmad for Appellant. Razaullah for the Complainant. Muhammad Javed, A.A.G. for the State
Criminal Appeal No. 49-M with Murder Reference No. 3-M of 2012, decided on 23rd October, 2013
MIAN FASIH-UL-MULK AND MUHAMMAD DAUD KHAN, JJ
Sahibzada Mushtaq Ahmad for Appellant. Razaullah for the Complainant. Muhammad Javed, A.A.G. for the State
SAID JEHAN alias SAIDY
VS
The STATE and another
Law:
Section:
(a) Penal Code (XLV of 1860)------Ss. 302(b), 324, 337-D & 404---Qatl-e-amd, attempt to commit qatl-e-amd, Jaifa, dishonest misappropriation of property possessed by deceased---Appreciation of evidence---Interested witness---Scope---All three prosecution witnesses, though were related inter se, but nothing had been brought on the record that they had any ill-will or malice and grudge in their mind to become false witnesses and to make false statements---Interested witness was a person who had motive to falsely implicate another person---Mere relationship of a witness with the deceased was not basis to discard the evidence of such witness---Testimony of prosecution witness, was found consistent on material particulars, and no contradiction had been found in the same---Complainant had given detailed account of the incident and had confirmed the contents of F.I.R.---Two hour delay in lodging of the report was not fatal to the prosecution case because one of the prosecution witnesses, who was seriously injured in the incident, was taken to Hospital, where the complainant reported the matter to the Police---Accused was the brother-in-law of the complainant and injured prosecution witness, and no reasonable cause had been established by the defence to indicate as to why the witnesses would substitute accused by leaving real culprits---Occurrence took place inside the house where the deceased and prosecution witnesses were living together; and occurrence having took place at night, presence of the prosecution witnesses was natural and their presence on the spot could not be doubted---Parties knew each other and the mistaken identity of accused, particularly, in the presence of light of 24 volt energy saver bulb, could not be questioned---Defence had failed to bring anything against the prosecution version, or in favour of accused---Prosecution witnesses had seen the occurrence and their presence at the place of occurrence had been established---Ocular testimony had also been corroborated by the judicial confession of accused---Delay of three days in recording of confessional statement which had been retracted by accused in his statement under S.342, Cr.P.C., by…
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