SHAH RAWAN vs State Ss — 2022 YLR 1228 PESHAWAR-HIGH-COURT

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SHAH RAWAN VS State Ss. 302, 324, 337-F(iii) & 109---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, abetment---Appreciation of evidence---Injured witness---Scope---Accused was charged for committing murder of the nephew of complainant by stabbing and also attempted at the life of witness---Statement recorded by the injured witness as well as the stamp of injury on his person clearly proved his presence on the spot---Defence had objected the testimony of said injured witness mainly on the ground that he had not lodged the report himself in the hospital---However, said injured witness had no relationship with the deceased nor having any venom against the accused, therefore, he could be regarded as the most reliable and credible witness---Being injured, the witness had gone to Civil Hospital where the Investigating Officer recorded his cursory statement after preparing his injury sheet---Station House Officer of Police had already left for the place of occurrence at the time of recording the statement of the injured witness in hospital, therefore, in such like circumstances to discredit the testimony of the injured witness only on the ground that he did not lodge the report, would not be in consonance with principles for appraisal of evidence---Record showed that it was a case of single accused and the injured eye-witness had sustained stab injury at his hand , therefore, substitution of the accused in the case of stabbing from a short distance was not possible and could be possible only in cases of firearm injuries---Circumstances established that the prosecution had proved its case against the accused through trustworthy and reliable evidence, therefore, his conviction and sentence by the Trial Court did not call for any interference---Appeal against conviction was dismissed. Head NotesCase Description

SHAH RAWAN vs State Ss — 2022 YLR 1228 PESHAWAR-HIGH-COURT

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