Qadir Bakhsh alias Dau vs State S — 2024 PCrLJ 982 KARACHI-HIGH-COURT-SINDH

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Qadir Bakhsh alias Dau VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Natural witnesses---Presence of eye-witnesses at the time and place of occurrence proved---Accused was charged for committing murder of the cousin of complainant by hitting him with a brick---Complainant/eyewitness was not a chance witness as he lived in the area and had every reason to be where he was at the time of the incident---Complainant gave his S. 154, Cr.P.C statement with promptitude and had no time to cook up a false case against the accused who he had no enmity or ill will with any way, which might lead him to falsely implicate the accused in this case---Complainant's S. 154, Cr.P.C statement was not materially improved upon during the course of his evidence---Complainant named the accused in his FIR along with a specific role and he gave his evidence in a natural manner and was not dented at all during a lengthy cross-examination---Thus, the evidence of complainant was found to be reliable, trust worthy and confidence inspiring and had to be believed especially in respect of the identity of the accused who hit and murdered the deceased with a brick---Conviction could be made on the evidence of complainant alone though it would be of assistance by way of caution if there was some corroborative/supportive evidence---Evidence of the complainant was found to be of good quality and believable---Other eye-witness was an independent witness who was not related to either the deceased or the accused---Said witness had no enmity with the accused or any other reason to implicate the accused in a false case---Said witness knew the accused before the incident which occurred at 11.30 am in broad day light when there would have been sufficient light to easily identify the accused---Eye-witness was not a chance witness as he owned the shop in front of which the incident took place---Said witness gave his S. 161 Cr.P.C statement within a day and had no time to cook up a false case against the accused who he had no enmity or ill will with any way which might lead him to falsely implicate the accused in this case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances.

Qadir Bakhsh alias Dau vs State S — 2024 PCrLJ 982 KARACHI-HIGH-COURT-SINDH

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