Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR vs State Ss

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Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Minor as sole eye-witness---Accused was charged for committing murder of maternal uncle of complainant with his wife and three children by firing---Prosecution had examined minor son of the accused aged five years as the sole eye-witness of the occurrence---Soon after the occurrence statement of minor witness was recorded by Judicial Magistrate---Before recording statement of minor witness, his intelligence and capacity of understating were put to test by the Judicial Magistrate and after due satisfaction that the child was giving rational answer, his statement was recorded---Again, during trial statement of said minor witness was recorded, at the age of 12 years and his capability to understand the proceedings were tested where-after, his statement was recorded---Statement of minor witness, on careful analysis, revealed that he described the entire episode with precision---Though certain variations and omissions in between statement of said witness recorded under S. 161, Cr.P.C., and Court statement were highlighted by defence but those could not be described as major contradictions, causing any serious damage to the prosecution case---Defence had made special reference to the cross examination of minor witness wherein he admitted that after separation of his father and mother, he never saw his father except at the time of commission of offence---Said reply of the minor witness could not be taken and evaluated in isolation, rather the entire statement and sequence of narrations of events would be considered conjointly---Said witness had described each and every aspect of the occurrence with consistency and accuracy---Said witness deposed that he did not recognize his father by face---Said fact left no room to nurture any doubt about veracity of said witness---Minor witness had been put to lengthy and scorching cross examination but despite his tender age he stood firm to his stance---Accused was the real father of minor witness and at the time of occurrence he was only five years of age and therefore, it could not be said that he was tutored or his statement was derived through outside influence---In such circumstances when five persons were done to death, then substitution of real culprits with the accused would not appeal to mind---Thus the statement of minor witness was found to be straight forward and confidence inspiring and any minor contradiction was not be sufficient to discard his testimony---Circumstances established that the prosecution had successfully proved its case beyond shadow of doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Absconsion of the accused---Accused was charged for committing murder of maternal uncle of complainant with his wife and three children by firing---Record showed that the accused soon after the occurrence absconded---Though accused might have absconded to avoid his arrest due to false implication or fear of police, therefore, abscondence alone was not to be made basis for conviction but when there was sufficient material available on record to connect the accused with the crime then abscondence would be considered a strong corroborative piece of evidence---Circumstances established that the prosecution had successfully proved its case beyond shadow of doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Recovery of pistol from the possession of accused---Reliance---Accused was charged for committing murder of maternal uncle of complainant with his wife and three children by firing---Record divulged that accused remained fugitive from law for almost six years before he was arrested---At the time of arrest one 30 bore pistol, without number, along with a magazine loaded with five live rounds was recovered---Pistol along with empties recovered from the scene of occurrence were dispatched to the Forensic Science Laboratory and report thereof showed that twelve .30 bore crime empties were fired from .30 bore pistol and result was positive---Thus, said recovery further provided corroboration to the prosecution story---Circumstances established that the prosecution had successfully proved its case beyond shadow of doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR VS State Ss. 302(b) & 109--- Qatl-i-amd, abetment---Appreciation of evidence---Minor contradiction and discrepancies in the statements of witnesses---Inconsequential---Accused was charged for committing murder of maternal uncle of complainant with his wife and three children by firing---Besides, minor witness, prosecution also examined many other witnesses---Though there might be some minor variations and contradictions in their statements but when an incident of such a magnitude occurred, wherein the entire family was massacred, then it was not expected that witnesses would remember each and every fact in a mechanical manner, especially when the witnesses were examined after 8/9 years of the occurrence---Thus, in all, prosecution had convincingly proved that it was the accused who committed the offence---Circumstances established that the prosecution had successfully proved its case beyond shadow of doubt against the accused--- Appeal against conviction was accordingly dismissed. Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR VS State Ss. 302(b) & 109--- Qatl-i-amd, abetment---Appreciation of evidence---Recovery of incriminating material from the spot---Reliance---Accused was charged for committing murder of maternal uncle of complainant with his wife and three children by firing---Record showed that garments of the deceased with blood and bullet marks, one magazine loaded with six rounds of .30 bore, twelve empties of .30 bore, three spent bullets, pieces of quilt, and two bulbs were recovered from the wall near the kitchen and from inside the room---All the articles containing blood i.e. garments and pieces of quilts were sent to the Forensic Science Laboratory and report confirmed the same to have human blood---Similarly, post mortem of all the five deceased were conducted which confirmed not only the death through fire arms but the probable duration of 6 to 7 hours between death and post mortem---Thus, all recoveries completely corroborated the prosecution version---Circumstances established that the prosecution had successfully proved its case beyond shadow of doubt against the accused--- Appeal against conviction was accordingly dismissed.

Citation Name: 2023 MLD 2136 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD TAHIR vs State Ss — 2023 MLD 2136 PESHAWAR-HIGH-COURT

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