Mushtaque Ahmed Kobhar vs State Ss — 2024 MLD 1217 KARACHI-HIGH-COURT-SINDH

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Mushtaque Ahmed Kobhar VS State Ss. 302(b), 324, 114 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abettor present when offence committed, common intention---Appreciation of evidence---Related and interested witnesses---Not consequential---Accused was charged that he along with his co-accused in furtherance of their common intention committed murder of nephew of the complainant by firing and caused firearm injury to the son of his sister---Contention of the accused was that the witnesses were related to the deceased and were interested, therefore, their evidence could not be relied upon---Such contention had no force as although the witnesses were relatives of the deceased but they specifically narrated each and every aspect of the incident---One of them received firearm injuries from the hands of the accused persons thus the presence of eye-witnesses at the time of incident had been established beyond a reasonable doubt---To believe or disbelieve a witness all depended upon intrinsic value of the statement made by him---Even otherwise, there could not be a universal principle that in every case interested witness would be disbelieved or disinterested witness shall be believed---Moreover, it all depended upon the rule of prudence and reasonableness to hold that a particular witness was present on the scene of crime and that he was making true statement---Person who was reported otherwise to be very honest, above the board and very respectable in society if gave a statement which was illogical and unbelievable, no prudent man despite his nobility would accept such statement---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was dismissed accordingly.

Mushtaque Ahmed Kobhar vs State Ss — 2024 MLD 1217 KARACHI-HIGH-COURT-SINDH

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