MASKEEN ULLAH vs State S — 2023 SCMR 1568 SUPREME-COURT

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MASKEEN ULLAH VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Eye-witnesses closely related to deceased---Inconsequential---Ocular account consisted of statements of two witnesses, who were close relatives of the deceased but they had no motive to falsely implicate the accuse in this case---Both of them remained consistent on each and every material point and despite cross-examination their testimonies could not be shattered---Although said witnesses made statement against the accused after about more than five and half years of the occurrence, thus, minor discrepancies were bound to occur after such a long span of time---Both the witnesses gave details of the occurrence and also clarified the manner in which the accused along with co-accused attacked upon the complainant and it was the accused who fired three shots upon the deceased---Eye-witnesses being close relatives of the deceased were not expected to let off the real culprit and involve the accused in this case falsely especially, when it was not even suggested that they had any enmity, animosity or reason to falsely implicate him in this case---From the testimony of both the witnesses it was quite clear that they were truthful and reliable witnesses---Willful and unexplained abscondence of accused fully corroborated the ocular account as he did not give any plausible explanation of his long abscondence---Both the Courts below after appraisal and re-appraisal of the entire evidence rightly came to the conclusion regarding guilt of the accused---Petition for leave to appeal was dismissed and leave was refused.

MASKEEN ULLAH vs State S — 2023 SCMR 1568 SUPREME-COURT

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