GHULAM NABI vs State Ss — 2023 MLD 2060 KARACHI-HIGH-COURT-SINDH

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GHULAM NABI VS State Ss. 302(b), 324, 504, 337-H(2), 114, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rash and negligent act, abettor present when offence was committed, rioting, rioting armed with deadly weapon, unlawful assembly--- Appreciation of evidence---Related and interested witnesses---Not consequential---Accused were charged for committing murder of two sons of the complainant by firing---Defence objected that the witnesses were near relatives to the deceased and were interested, therefore their evidence could not be relied upon---Validity---Contention raised had no force as in the matter, as the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence---Both the parties were known to each other as was evident from their evidence and it was a day time incident, so there was no chance of mistaken identity of the accused---Where the witnesses fell within category of natural witnesses and detailed the manner of the incident in a confidence-inspiring manner then only escape available with the accused was that to satisfactorily establish that witnesses were not truthful but "interested" ones---Mere relationship of eyewitnesses with the deceased alone was not enough to discard testimony of the complainant and his witnesses---In the matters of capital punishment, the accused would not stand absolved by making a mere allegation of dispute/enmity but would be required to bring on record evidence that there had been such a dispute/enmity which could be believed to have motivated the "natural witnesses" in involving the innocent at the cost of escape of "real culprits"---No substance has been brought on record by the accused to justify his false implication in this case at the hands of complainant party on account of any previous enmity---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

GHULAM NABI vs State Ss — 2023 MLD 2060 KARACHI-HIGH-COURT-SINDH

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