Saeed Noor vs State S — 2024 PCrLJ 1021 KARACHI-HIGH-COURT-SINDH

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Saeed Noor VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Accused was charged for committing murder of the husband of the complainant by firing due to personal enmity---Allegedly, eyewitnesses and the mashir were close relatives of the complainant as well as the deceased---Confidence inspiring evidence of witnesses could not be discarded merely on account of their relationship with complainant party---Certainly, complainant and eye-witness were widow and son of the deceased respectively, and other two prosecution witnesses were also relatives of the deceased, however, their evidence was confidence inspiring and there was no material contradictions in their evidence and all the said witnesses were unanimous on all material aspects/events of the alleged incident and the defence side could not succeed in shaking/shattering their evidence---Mere relationship of a witness with the complainant party would not render their evidence unreliable unless it was established that he had some motive to implicate the accused falsely in the case---Although the accused had taken a plea that he, being landlord of the complainant party, had got vacated the rented premises from them, therefore, they had falsely implicated him in the case, but such ground did not appear to be so strong and convincing so as to persuade the complainant and her son to spare the real murderer of their husband and father respectively and instead involve the accused in his place---No delay in lodging the FIR was found so that no inference could be drawn that the complainant party had indulged in consultation and deliberation in order to implicate present accused falsely---Thus, there was no justification for discarding the evidence of complainant and other witnesses merely on the ground that they were related to the deceased---Circumstances established that prosecution had succeeded in proving its case against the accused beyond shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances.

Saeed Noor vs State S — 2024 PCrLJ 1021 KARACHI-HIGH-COURT-SINDH

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