Shakeel Ahmed vs State Ss — 2024 MLD 1700 PESHAWAR-HIGH-COURT

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Shakeel Ahmed VS State Ss. 302(b) & 337-F(i)---Qatl-i-amd, causing damihah---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the son of complainant by firing and also causing injury to his other son by biting on his right arm---Motive as set up in the crime report was grazing of goats in the field of the accused---Ocular account of the incident had been furnished by brother of the deceased---Evidence of said witness was in consonance with the probability and materially fit in with the circumstances of the case---Said witness had stood the test of cross-examination, and nothing favourable to the accused could be extracted from his mouth---Said witness had no previous enmity whatsoever, with the accused and there was no material contradictions, discrepancy, omission or improvement in his statement---No doubt, said witness was brother of the deceased but mere relationship was no ground to disbelieve his evidence unless it was proved that he was inimical and falsely deposed against the accused and that he had not seen the occurrence with his own eyes---Said witness had specifically deposed the reason of going to the spot with his brother by stating that both of them had taken their goats to the spot for grazing---Admittedly, the occurrence took place at 05.15 pm in broad day light and the accused was previously known to him, which ruled out the possibility of false implication, particularly when there was no previous enmity between the parties---Presence of the eye-witness on the spot was established from the fact that he sustained teeth bite injury on his right arm caused by the accused---Moreso, accused also sustained scratches during scuffle, which were reflected from Medico-Legal Reports---No conflict between the ocular evidence and the medical evidence was found---Medical evidence provided corroboration to the ocular account furnished by eye-witness to the extent that injuries on the body of the deceased were caused by means of firearm as alleged in the crime report and the eye-witness---Appeal against conviction was dismissed, in circumstances.

Shakeel Ahmed vs State Ss — 2024 MLD 1700 PESHAWAR-HIGH-COURT

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