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Ubaid Khan vs State S — 2024 PCrLJ 1153 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1153 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Ubaid Khan vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

Judgment text as reported

Ubaid Khan VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of the witnesses at the time and place of occurrence proved---Accused was charged for committing murder of his mother with axe blows---Record showed that it was a common custom, culture and tradition that inhabitants of a joint family do reside in their common residential unit---On that score, the presence of the male and female inmates in the house was quite natural and appealable to a prudent mind---As such, the presence of witnesses at the scene of occurrence could neither be underestimated, no doubted or excluded---As far as the account of husband of the deceased lady was concerned, suffice to say, he denied his presence at the spot at the relevant time as a he was working as a watchman---Stance of the complainant was also that on the fateful day when his mother was done to death by his brother, his father was not present in their house---Said witness was not only declared hostile witness on the request of the prosecution but he was also cross-examined by the prosecution, therefore, the non-presence of said witness at the scene of crime at the relevant time would be of no consequence qua the guilt of the accused especially in presence of the testimonies of the other two eye-witnesses, who were also inmates of the same house where the occurrence had taken place---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, the sentence of life imprisonment was altered to imprisonment for ten years---Appeal was dismissed with modification of sentence.

Other judgments reported in 2024 PCRLJ

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