ALI JAN vs State S — 2023 PCrLJ 247 KARACHI-HIGH-COURT-SINDH

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ALI JAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the son of complainant---Ocular account was supported by medical evidence---Scope---Scrutiny of account furnished by eye-witnesses, showed that they were trustworthy and their statements had rightly been relied upon by the Trial Court---Said witnesses had highlighted each and every aspect of the incident and stood firm to the test of cross-examination and nothing advantageous could be elicited rendering any help to the case of accused---Neither any glaring contradictions in their statements nor any dishonest exaggeration, omission or concealment was found---Ocular account was in line with the medical evidence as the injuries attributed to the accused was caused by sharp edged weapon as reflected in the post-mortem examination of deceased---Occurrence had taken place in day light and FIR in respect of the offence had been lodged on the same date wherein accused had been mentioned as accused---Incident was cold blooded premeditated murder of young person; in such like criminal cases, the whole fate depended on the authenticity of the ocular account and in the present case, both the eye-witnesses had given a straightforward account of the occurrence, which took place---Such close relatives i.e. grandfather and cousin of the deceased were not expected to let the real culprit of their near and dear to go scot-free and would falsely implicate the present accused---During their statements before the Trial Court, both the eye-witnesses remained firm on their statements and they successfully faced cross-examination by the defence---Evidence of eye-witnesses thus were sufficiently reliable and could not be discredited in any manner as they remained straightforward, trustworthy, cogent and confidence inspiring having no malice against the accused---Appeal against conviction was dismissed, in circumstances.

ALI JAN vs State S — 2023 PCrLJ 247 KARACHI-HIGH-COURT-SINDH

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