MUHAMMAD UZAIR vs State Ss — 2022 MLD 368 PESHAWAR-HIGH-COURT

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MUHAMMAD UZAIR VS State Ss.302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Accused was charged for committing murder of his wife by firing---Ocular account of the incident had been furnished by two eyewitnesses---Said two witnesses had been closely related to the accused---Occurrence had taken place inside their house---Presence of said witnesses could neither be doubted nor had it been seriously questioned during the course of cross-examination---No reason existed for disbelieving testimony of said witnesses---Statements of said witnesses had also been consistent with other particulars of the case as well as the corroboratory evidence collected by the Investigating Officer during the course of investigation---No discrepancy could be found in their statements inter-se or when put in juxtaposition to other particulars of the case---Complainant in her examination-in-chief stated that at the time of arrival of police, she had not been in senses---Complainant had clarified in her cross-examination that she had regained her senses and thereafter lodged report of the occurrence to the local police---Said witnesses were absolutely reliable witnesses, whose statements had been sufficient for convicting the accused even in absence of any corroboratory evidence---Existence of any mala fide for false implication of the accused had been beyond imagination---No such fact could be brought by the defence side in support of existence of such a malice on part of eyewitnesses---Mere suggestion to complainant without any supporting material and background of any animosity would not be sufficient for doubting testimony of complainant---Both the witnesses had been absolutely reliable and no reason existed for discarding their testimony---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---However, there was no premeditation in committing murder nor had there been any motive, thus, death penalty was converted into life imprisonment, in circumstance---Appeal was dismissed with said modification in sentence. Head Notes

MUHAMMAD UZAIR vs State Ss — 2022 MLD 368 PESHAWAR-HIGH-COURT

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