Citation Name: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Naimatullah vs State S

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Citation Name: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Naimatullah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the time and place of occurrence proved---Accused was charged for committing murder of the brother of the complainant by firing---Ocular account had been furnished by two eye-witnesses---Eye-witnesses, in the circumstances of the case in hand, could not be termed as chance witnesses and their mere relationship with the deceased or being the members of same caste could not dent the prosecution version, as the witnesses had furnished sufficient explanation to be present at the spot at the time of commission of offence---Admitted fact that both the eye-witnesses had a business near the place of incident, therefore, their presence at the spot could not be doubted---Since, both the eye-witnesses were natural witnesses and could not be termed as chance witnesses, therefore, their evidence would deserve full credence being genuine, particularly, when there was no material discrepancies or contradiction of potential nature in their evidence---Even if a chance witness reasonably explains his presence at the spot and his narration of occurrence inspired confidence, then, he is not a chance witness and his testimony can be considered along with other evidence---Statements of eye-witnesses were also corroborated by medical evidence, which further proved their presence at the spot---Admittedly, the occurrence took place in broad daylight and the accused and both the eye-witnesses were well known to each other, because they were inhabitants of the same vicinity for long time, therefore, question of misidentification could not be made out---Circumstances established that the prosecution had proved its case beyond shadow of doubt---Appeal against conviction was dismissed accordingly.

Citation Name: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Naimatullah vs State S — 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTAN

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