| Citation(s) |
|---|
| 2020 SLG 1944 2020 SLD 1944 2020 YLR 1423 |
Balochistan High Court
Cr. Appeal No. 27 of 2019, decision Dated: 11-12-2019, hearing Date : 05-11-2019
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ROZI KHAN BARRECH, JUSTICE
Nisar Ahmed Alizai and Ali Ahmed Lehri for Appellant. Muhammad Ali Rakhshani for the Complainant. Abdul Mateen, Deputy Prosecutor General ("D.P.G.") and Wajahat Khan Ghaznavi, State Counsel for P.G.
Cr. Appeal No. 27 of 2019, decision Dated: 11-12-2019, hearing Date : 05-11-2019
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ROZI KHAN BARRECH, JUSTICE
Nisar Ahmed Alizai and Ali Ahmed Lehri for Appellant. Muhammad Ali Rakhshani for the Complainant. Abdul Mateen, Deputy Prosecutor General ("D.P.G.") and Wajahat Khan Ghaznavi, State Counsel for P.G.
MUHAMMAD YOUSAF
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,302(b),324,337-F(v)
Law: Criminal Procedure Code (V of 1898)
Section: 154
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah, hashimah---Appreciation of evidence---Solitary witness---Injured witness---Scope---Accused was alleged to have attempted at the life of complainant and murdered another---FIR though was lodged with a delay of one day but it appeared that the police had received information on the day of the occurrence and the police officials had referred the injured to hospital, therefore, delay in lodging FIR was the fault of SHO (Station House Officer of Police Station)---Complainant had no enmity with the accused to involve him falsely by taking advantage of delay---Sole injured eye-witness had adhered to the prosecution version word by word and had fully supported the prosecution case by giving all necessary details---Medical evidence had corroborated the statement of complainant---Presence of complainant on the spot was also established on the basis of injuries received by him---Prosecution had successfully established the charge against the accused---Appeal was dismissed. Nasir Iqbal alias Nasra and another v. The State 2016 SCMR 2152 rel. (b) Penal Code (XLV of 1860)--- ----S.302---Qatl-i-amd---Related witness---Scope---Where the testimony of a relative witness is corroborated through circumstantial evidence or other pieces of evidence then his relationship or friendship with the deceased will not suffice to discredit him particularly when there is no motive to falsely involve the accused. (c) Penal Code (XLV of 1860)--- ----S.302---Qatl-i-amd---Related witness---Scope---Fact that a witness is relative of the deceased is not per se enough to discredit the witness unless it is established that the witness is inimical towards the accused and if it is found that his presence on the place of occurrence cannot be denied then his evidence cannot be rejected outrightly, merely because such witness belongs to one party or the other involved in a factional dispute, if otherwise such a witness has established his veracity. (d) Penal Code (XLV of 1860)--- ----S. 302--- Qatl-i-amd--- Interested witness--- Corroboration---Scope---Court, in a case involving…
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