MASTER ALI vs State Ss — 2021 YLRN 90 PESHAWAR-HIGH-COURT

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MASTER ALI VS State Ss. 302(b), 324, 337-F(iii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - mutalahimah, common intention---Appreciation of evidence---Accused was charged for committing murder of the deceased and causing injuries to his companion---Motive was an altercation between the acquitted accused and complainant over non-payment of price of purchased cloth---Ocular account had been furnished by complainant and injured witness---Complainant being the main party to the controversy, was natural witness of the occurrence as the initial fight had taken place between him and the acquitted accused---Occurrence had taken place in front of his cloth shop---Facts that the present accused had approached the place of occurrence on the phone call of the co-accused as well as presence of the deceased and injured on the spot got confirmation from his cross-examination--- Eye-witness was resident of bazaar and his house was at a distance of 100 yards from the place of occurrence besides his sons were running three shops in the same vicinity---Said witness had also sustained firearm injury on his person, therefore, his presence on the spot could not be doubted---Injured witness had supported the complainant on material particulars of the occurrence and verified the report lodged by complainant at Hospital---Eye-witness had no enmity with the accused to charge him in a false case, hence, there was no convincing reason to disbelieve that witness---Circumstances established that prosecution had proved the guilt of the accused through convincing direct as well as circumstantial evidence---Appeal against conviction was dismissed accordingly.

MASTER ALI vs State Ss — 2021 YLRN 90 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported