MUHAMMAD BASHIR vs State S — 2023 SCMR 190 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD BASHIR VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Matter was reported to police without any inordinate delay---Occurrence took place at 05.00 a.m. in the morning whereas the matter was reported to the police at 09:15 a.m. on the same day while the inter se distance between the place of occurrence and the Police Station was six miles---As the occurrence had taken place in broad daylight and it was not denied anywhere that the parties were not known to each other, therefore, there was no chance of misidentification---Ocular account was furnished by the complainant and a witness---Both of them were subjected to lengthy cross-examination by the defence but nothing favourable to the accused or adverse to the prosecution could be produced on record---Both said witnesses remained consistent on each and every material point inasmuch as they made deposition exactly according to the circumstances that happened in the case---Ocular account furnished by the prosecution was reliable, straight-forward and confidence inspiring---Both said witnesses had reasonably explained their presence at the place of occurrence by stating that they were watering the fields and saw the accused make a fire shot with his pistol, which hit the deceased---Medical evidence available on the record corroborated the ocular account so far as the nature, time, locale and impact of the injury on the person of the deceased was concerned---Accused could not point out any reason as to why the complainant would falsely involved the accused in a case involving murder of his brother and let off the real culprit---Even if evidence relating to motive and recovery of weapon was discarded, there was sufficient evidence available to sustain the conviction of the accused under section 302(b), P.P.C.---Jail petition was dismissed, leave was refused and conviction of accused was maintained.

MUHAMMAD BASHIR vs State S — 2023 SCMR 190 SUPREME-COURT

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