| Citation(s) |
|---|
| 2025 SLG 3581 2025 SLD 3581 = 2025 YLR 1671 |
Peshawar High Court, Bannu Bench
Criminal Appeal No. 191-B of 2018, decided on 11th June, 2024.
Before Kamran Hayat Miankhel and Dr. Khurshid Iqbal, JJ
Muhammad Rashid Khan Dhirma Khel for Appellants. Farooq Khan Sokari for
Respondents. Muhammad Asghar Khan Ahmadzai, Addl. A.G. for the State.
Criminal Appeal No. 191-B of 2018, decided on 11th June, 2024.
Before Kamran Hayat Miankhel and Dr. Khurshid Iqbal, JJ
Muhammad Rashid Khan Dhirma Khel for Appellants. Farooq Khan Sokari for
Respondents. Muhammad Asghar Khan Ahmadzai, Addl. A.G. for the State.
HAZRAT NOOR and another---Appellants
VERSUS
The STATE and 2 others---Respondents
Law: Penal Code (XLV of 1860)
Section: 302(b),324,148,149
Law: Criminal Procedure Code (V of 1898)
Section: 340(2),240,87
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(g)
(a) Penal Code (XLV of 1860)-------Ss.302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account proved---Accused were charged for committing murder of five persons of complainant party by firing and also causing fire arm injuries to complainant---Ocular account comprised of the sole statement of the complainant---Complainant narrated each and every minute detail regarding the pre and post occurrence circumstances---Complainant faced extensive crossexamination by the defence, yet no evidence favouring the appellants or detrimental to the prosecution version could be elicited from his mouth---Said witness remained consistent on every material point, providing testimony that remained in consonance with the facts and circumstances of the case and the material so collected and brought on the record---Ocular account was natural, straightforward, reliable and instilled confidence---Therefore, it could reasonably be concluded that the complainant had been successful in establishing his presence at the crime scene through physical circumstances, which could not be doubted by any stretch of imagination---Circumstances established that the prosecution had successfully proved the charge against the appellants through compelling and confidence inspiring evidence beyond any reasonable doubt---Appeal against conviction was dismissed accordingly.Noor Muhammad v. The State 2005 SCMR 1958 rel.(b) Criminal trial-------Presence of eye-witnesses at the spot---Scope---Where the eye-witnesses succeed in establishing their presence at the crime scene at the fateful time and their testimonies appear to be confidence inspiring then convictions are often recorded.Qadir Bakhsh alias Dau v. State 2024 PCr.LJ 982; Ali Jan v. State 2023 PCr.LJ 247; Naseeb Ullah v. State 2022 YLR 885; Badar-ud-Din v. State 2022 MLD 1346; Muhammad Uzair v. State 2022 MLD 368; Muhammad Ejaz alias Ajju v. State 2022 PCr.LJ 1102 and Muhammad Razi alias Muhammad Khalil v. State 2022 MLD 887 rel.(c) Criminal trial-------Solitary statement of witness---Conviction---Scope---Conviction can be validly recorded…