MUHAMMAD WAQAS vs State S — 2022 PCrLJ 1530 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD WAQAS VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Ocular account---Scope---Accused was charged for committing murder of the cousin of complainant by stabbing---Ocular account of the incident had been furnished by eye-witness/brother of the accused---Witness knew the accused as he was his brother and as such there was no case of misidentification and no need for an identification parade especially as it was a daylight incident and he witnessed the attack from a short distance---Eye-witness was not a chance witness as the incident took place in his house where the accused and the deceased were staying---Said witness had no enmity or ill-will with the accused and had no reason to implicate him in a false case---Said eye-witness gave his statement under S. 161, Cr.P.C on the same day whereby he named the accused and thus there was no time to concoct a false case---Evidence of said witness contained no material improvement from his statement under S. 161, Cr.P.C. and his evidence was not dented despite a probing cross-examination---Presence of said witness at the scene was not challenged---Said witness gave his evidence in a natural and straight forward manner and there was no reason to disbelieve the same---Evidence of said witness was found to be reliable, trust worthy and confidence inspiring and thus could be believed the same especially in terms of his correct identification of the accused and could convict on that evidence provided that there was some corroborative/supportive evidence---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Death sentence was reduced to that of rigorous imprisonment for life---Appeal was dismissed with said modification in sentence.

MUHAMMAD WAQAS vs State S — 2022 PCrLJ 1530 KARACHI-HIGH-COURT-SINDH

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