MUHAMMAD RAHEEL vs State S — 2023 PCrLJ 1752 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RAHEEL VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Statement of eye-witness---Scope---Accused was charged for committing murder of his wife/sister of complainant by inflicting knife blows---Record showed that eye-witness was the neighbour of the deceased and had been living 4.5 feet away from her house for the last four years---Said witness knew the accused and the deceased who were husband and wife who according to his evidence regularly argued as corroborated by the complainant---Eye-witness, in his evidence, had stated that on the day of incident he was at home when at about 2.00 p.m. he heard noise of fighting and so he went to the house of the deceased and had seen the accused, who was the husband of the deceased, attacking and assaulting his wife with a churri which severely injured her and seen blood oozing from her, thus, he disclosed the said facts to chowki (Police Station) incharge---Evidence of said witness was fully corroborated by the chowki incharge---Eye-witness was the neighbour of the accused and as such he was a natural and not a chance witness---Eye-witness knew both the deceased and the accused and since it was a daylight incident and he had seen the attack on the deceased by the accused at close range there was no need for any identification parade or any question that he had not correctly identified the accused---Said witness was not related either to the deceased or the accused and he was a completely independent witness---No enmity or ill-will existed between eye-witness and the accused, thus, he had no reason to implicate the accused in a false case---Said witness was not dented during his cross-examination and gave his statement under S. 161, Cr.P.C. within hours of the incident which was not improved upon at the time of his evidence---Evidence of said witness was found to be reliable, trust worthy and confidence inspiring and thus believed the same---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt for the offence for which he had been convicted---Conviction was maintained and appeal was dismissed accordingly.

MUHAMMAD RAHEEL vs State S — 2023 PCrLJ 1752 KARACHI-HIGH-COURT-SINDH

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