NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

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NOOR ISLAM 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 cousin of complainant---Record showed that it was a case of single accused and all the eye-witnesses had recorded their forthright statements which were sufficient for establishing the guilt of the present accused---Eye-witness though was distant cousin of the deceased but on the other hand he was also brother-in-law of the present accused, therefore, his integrity could not be doubted in any manner---Other two eye-witnesses were independent and impartial witnesses of the occurrence and they had supported the prosecution version through their straightforward statements---All the eye-witnesses were unanimous on important aspects of the case and their credibility had not been damaged during their cross-examination except a few contradictions of minor and ignorable nature---In fact said witnesses had narrated the occurrence and other events having nexus therewith in the manner in which they had actually taken place and nothing could be found in their statements to suggest any play-acting on their part for supporting a false case---Indeed witnesses had no motive to depose against the present accused---Ocular account in the present case being reliable, truthful and trustworthy, could safely be relied upon for conviction of the accused---Similar was the position with complainant who had charged the accused for the murder of deceased who had taken away his sister but despite the said grudge with the deceased he lodged the report of his murder---Case of prosecution was supported by medical evidence---As per ocular account and initial report, the accused had hit the deceased on his head with axe---Deceased then injured was examined by Medical Officer who had found a crushed lacerated wound skin/muscles deep on his left parieto-occipital region which caused his death---Said Medical Officer was cross-examined to controvert the authenticity of his reports by confronting him with several un-attended blanks in his report, however, he had confidently explained the non-filling thereof by stating that his top primacy in view of the critical situation was to save a precious life, therefore, he preferred speeding up of medical examination of the injured over filling of the blanks in his report---Similar were the reports of other Medical Officer which duly corroborated the version of prosecution as narrated in the first information report---Appeal was partly allowed by setting aside conviction and sentence recorded by the Trial Court under S. 302(b), P.P.C. and accused was convicted under S. 302(c), P.P.C. and sentenced to rigorous imprisonment for fourteen years. Head Notes

NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported