GHAFFAR KHAN vs State Ss — 2022 PCrLJ 786 PESHAWAR-HIGH-COURT

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GHAFFAR KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Presence of the eye-witnesses at the place of occurrence was justified---Scope---Accused were charged for committing murder of the father of complainant---Motive behind the occurrence was altercation over family women---Ocular account of the occurrence had been furnished by the complainant and her brother---Said eye-witnesses were natural eye-witnesses of the occurrence being residents of the same house where the occurrence took place---Said witnesses had recorded consistent statements wherein they had not only confirmed presence of each other in the same house at the time of occurrence---Said witnesses had also supported each other with regard to the time of arrival of the accused to their house as well as the time of occurrence---Nothing was brought on record during their cross-examination to create a slightest doubt with regard to their presence in the same house at the time when the deceased was given stone blows by accused---Statement of complainant could be given extra credence for the reason that though she had lost her father in the same occurrence but she had charged her husband despite of cordial relations with him as nothing to the contrary had been brought on the record to that effect---Mere relationship between witnesses and deceased was not a ground to discard their evidence---Since both the eye-witnesses had established their presence on the spot at the time of occurrence and their testimony had not been shattered, therefore, their statements being corroborated by medical and other circumstantial evidence were worth reliance and could safely be relied upon---Circumstances established that the prosecution had proved its case against the accused, however, the sentence of life imprisonment was reduced to fourteen years, in circumstances---Appeal against conviction was partially allowed with said modification in sentence. Head NotesCase Description

GHAFFAR KHAN vs State Ss — 2022 PCrLJ 786 PESHAWAR-HIGH-COURT

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