UMAR ALI vs State Ss — 2024 PCrLJ 356 PESHAWAR-HIGH-COURT

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UMAR ALI VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Natural witnesses---Presence of eye-witnesses at the time and place of occurrence proved---Accused was charged for making firing upon complainant, his brother and son, however son of complainant was hit and died at the spot---Recovery of the energy saver bulbs by the Investigating Officer from inside and outside the shop and its exhibition in his statement before the court, was another strong circumstance, eliminating the possibility of mistaken identity of the accused on the part of the eye-witnesses---Even otherwise, the defence, by putting certain questions to the eye-witnesses, had itself established their presence at the spot at the time of occurrence---Both the eye-witnesses in cross-examination in very accurate manner had disclosed about the points of their presence, presence of the deceased and the accused at the time of occurrence as well as locations of the surrounding of the crime spot---Defence itself had extracted from the mouths of the eye-witnesses during their cross-examination that they along with the deceased were doing business in the said shop and their houses were adjacent to the spot---In cross-examination eye-witness had fully corroborated the testimony of complainant by stating that he and his brother/complainant run the shop jointly whereas deceased used to bring different commodities from other cities to the shop---Deceased besides bringing different commodities to the shop was also doing business in the said shop with them---In view of the said circumstances, presence of the eye-witnesses at the spot at the time of incident could not be doubted---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly dismissed.

UMAR ALI vs State Ss — 2024 PCrLJ 356 PESHAWAR-HIGH-COURT

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