PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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

Case information

Citation
2021 YLRN 90 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
MASTER ALI vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

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--- Conduct of witnesses---Scope---Accused was charged for committing the murder of the deceased and causing injuries to his companion---Record showed that complainant, deceased and injured were residents of different villages and there was no relationship between them---Witnesses had got no common motive to depose against the accused and same was the position of Legal Representatives of deceased---If witnesses had any reason for false implication of the accused they could have charged all of the accused for effective firing of the multiple firearm injuries on his body, however, they had charged only the present accused for firing by narrating the occurrence in its true merits and perspective, which showed honesty and straightforwardness of the witnesses---Occurrence took place in a bazaar, therefore, assemblage of the deceased and injured in front of the complainant's shop at that particular event was a normal behaviour exhibited by them in view of the grave situation---Occurrence had taken place at spur of the moment, any pre-meditation, counselling or consultation between the eye-witnesses for concocting a false case against the accused was altogether ruled out---Occurrence took place in broad daylight, thus, there was no possibility of misidentification of the assailant or his substitution with the real culprit---Both the eye-witnesses had been subjected to lengthy cross-examination, but except bringing contradictions of minor nature from them, their credibility could not be impeached on important aspects of the case, therefore, their testimony was worth reliance for conviction of the accused---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.

Back to the case-law library · Search Pakistani case law in Urdu or English