INAYAT-UR-REHMAN vs State S — 2022 PCrLJ 1408 PESHAWAR-HIGH-COURT

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INAYAT-UR-REHMAN VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused was charged for committing murder of the husband of complainant by firing---Ocular account of the incident had been furnished by complainant and her son---Complainant while appearing as witness reiterated the same story in her examination-in-chief, as set forth by her in the initial report---Complainant had been subjected to lengthy and taxing cross-examination, but nothing beneficial to defence, could be extracted from her mouth---Complainant remained stuck on her stance as set forth by her in the initial report, rather, in her cross-examination the events which remained un-clarified during her examination-in-chief, had been clarified from her by the defence itself---Nothing had been extracted from her mouth so as to suggest false implication of the accused by substituting the real culprit---Complainant had reported the occurrence with promptitude i.e. within one hour and fifteen minutes, eliminating the possibility of consultation and deliberation on her part in making report---Meeting of the complainant and her conversation with the accused prior to occurrence inside the house not only eliminated the possibility of mistaken identity but also established the presence of accused and complainant at the house---Even otherwise, it did not appeal to a prudent mind that complainant would substitute a real culprit for murder of her husband by charging innocent person---Medical Officer had conducted autopsy on the dead body of the deceased and as per his statement and autopsy report, the deceased had sustained solitary firearm entrance wound with corresponding exist which resulted into his unnatural death---Medical evidence also supported the ocular account furnished by complainant---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, life imprisonment was converted into imprisonment for ten years--- Appeal was dismissed with said modification in sentence. Head NotesCase Description

INAYAT-UR-REHMAN vs State S — 2022 PCrLJ 1408 PESHAWAR-HIGH-COURT

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