NAZR UL ISLAM vs State Ss — 2022 YLR 1429 PESHAWAR-HIGH-COURT

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NAZR UL ISLAM VS State Ss. 302(b) & 353---Qatl-i-amd, assault or use criminal force to deter public servant from discharge of his duty---Appreciation of evidence---Accused was charged for committing murder of SHO and an A.S.I. by firing---Motive for the occurrence was stated that the accused had been annoyed due to his transfer from the main police station to police Garth---Record showed that the eye-witnesses in the case whether Police Officials or owner of the Hujra where the occurrence had taken place had been absolutely reliable witnesses---Said witnesses had no axe of their own to be grinded in the matter---No mala fide or ill-will could be attributed to them---Eye-witnesses had been members of the police party and therefore former colleagues of the accused---Defence had challenged credibility of the eye-witnesses on the ground that they had been Police Officials---Eye-witnesses had no doubt been Police Officials but it was equally important to note that they had been deposing against another Police Official---Eye-witnesses had been on duty on the relevant day for which duties of accused had also been called upon---Said witnesses had never remained hostile or inimical to the accused---Eye-witnesses had been natural, independent and trustworthy witnesses, who had offered a credible, reliable and natural account of the occurrence---No such reason could be advanced even at the bar that why the accused had been implicated solely in such a serious case and substituted him for the real culprit---Circumstances established that case of the prosecution stood proved from all angles and there remained no doubt regarding culpability of the accused---Appeal against conviction was dismissed, accordingly. Head NotesCase Description

NAZR UL ISLAM vs State Ss — 2022 YLR 1429 PESHAWAR-HIGH-COURT

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