MUHAMMAD YASIR KHAN vs State Ss — 2024 PCrLJ 813 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YASIR KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Related and interested witnesses---Not consequential---Accused were charged that they in furtherance of their common intention committed murder of the deceased who was accompanying the complainant---Defence objected that prosecution witnesses were related inter-se and interested---However, the contention of the defence regarding the prosecution witnesses being related to the complainant inter-se and interested was of little, if any, assistance to the accused---Despite the friendship of the complainant and witnesses with the deceased, their evidence after careful consideration was found trustworthy---Mere relationship with the deceased was not a ground to discard otherwise trustworthy evidence provided that there was no ill will or enmity between the witnesses and the accused, which was not found in the present case---Even otherwise, it was quite unbelievable that the complainant, who had no previous enmity or quarrel with the accused persons, would go as far as implicating them falsely in the murder of his neighbour's son, more so his son's friend to settle a petty argument between the accused persons and his own son---Moreover, it appeared extremely unreasonable to even consider such a fact---Even if the evidence of such interested witnesses was taken out of consideration, the evidence of the complainant himself was straight forward, confidence inspiring and trustworthy and his presence at the time of incident had been explained and admitted, therefore his evidence alone was sufficient to hold the accused guilty of the charge---Circumstances established that the prosecution had proved its case against the accused persons---Appeal against conviction was dismissed accordingly.

MUHAMMAD YASIR KHAN vs State Ss — 2024 PCrLJ 813 KARACHI-HIGH-COURT-SINDH

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