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---Contradictions in the statements of witnesses---Scope---Accused was charged for committing murder of the deceased and causing injuries to his companion---Eye-witness, though, had contradicted the complainant regarding the mode of fight between the co-accused and complainant as well as with regard to arrival of the accused to the spot but such contradictions were not forceful enough to negate the entire case of prosecution---Evidently, the eye-witnesses were produced before the court after fifteen months of the occurrence---Witness could not be expected to record photographic narration of the occurrence after such long time---Though the complainant was educated till intermediate level but the injured witness was an illiterate and rustic person having no axe of his own to grind---Said witnesses had been subjected to lengthy cross-examination extending over hours, therefore, emergence of negligible contradictions in their statements as a result of such taxing cross- examination could not be excluded---Contradictions in the statements of the two eye-witnesses in the present case would not damage their credibility---Circumstances established that prosecution had proved the guilt of the accused through convincing direct as well as circumstantial evidence---Appeal conviction was dismissed accordingly.

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

Case information

Judgment text as reported