AHSAN AHMED vs State Ss — 2022 MLD 63 PESHAWAR-HIGH-COURT

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AHSAN AHMED VS State Ss.302(b), 324, 337-a(i) & 337-a(ii)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah---appreciation of evidence---Ocular account---Scope---accused was charged for committing murder of the son of complainant and also causing injuries to the complainant---Motive for commission of the offence was previous ill-will---Ocular account of the incident had been furnished by six witnesses---Complainant in his examination-in-chief stated the entire story of the occurrence as mentioned in the FIR---Said witness was allowed to be cross-examined by the defence side but the fact remained that the veracity of that witness regarding the occurrence and the role played by the accused could not be shattered, even to a slightest extent---Brother of deceased and another cousin of the deceased were examined---Neighbour of both the parties was also examined, who was independent witness and having no axe to grinde in the matter---Said witness supported case of the prosecution and he was cross-examined but nothing beneficial to the case of prosecution could be extracted from his mouth---Same was the case with statement of other witness---Said witnesses had also been fully independent witnesses and no reason existed for discarding their testimony---Besides, other prosecution witnesses had also supported the case of the prosecution and had remained fully consistent with each other as well as with the documentary evidence available with the prosecution on material aspects of the case---Cross-examinations of said witnesses could not produce any beneficial factor for the defence---Circumstances established that the prosecution had proved its case against the accused beyond a shadow of doubt---appeal against conviction was dismissed accordingly. Head Notes

AHSAN AHMED vs State Ss — 2022 MLD 63 PESHAWAR-HIGH-COURT

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