Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM vs Mst

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Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM VS Mst. NAZRANA S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the brother of complainant by stabbing---Ocular account had been furnished by three eye-witnesses comprising driver and passengers of the coach wherein the deceased was stabbed to death---Driver of the coach stated that he noted that head of the deceased was resting against the pane of window and the accused was holding a knife in his hands---Said witness was a natural witness being driver of the coach wherein the occurrence took place who had deposed in a very natural way about the occurrence---Said witness had no enmity or ill-will towards the accused to falsely implicate him in the case, therefore, his testimony could not be discarded---Evidence furnished by said witness had been supported by two other witnesses who were traveling in the coach---Other eye-witness at the relevant time was sitting on the last seat of the vehicle with the accused and the deceased---Said witness deposed that after covering a journey of 15/20 minutes when the vehicle reached near the cattle market there the accused attacked the deceased with knife with which he received injuries on his person whereafter other passengers present in the vehicle overpowered him and took the knife from him---Similar evidence was furnished by other eye-witness who too was present in the vehicle as one of the passengers---All the three prosecution witnesses had deposed in a very eloquent and natural way about the occurrence---Said witnesses were independent witnesses having no personal grudge to depose falsely against the accused---Ocular account was supported by medical examination of the deceased according to which he had two injuries on vital parts of his body caused by knife---Besides, from possession of the accused, the knife with which he had caused injuries to the deceased too was recovered---In addition, from the seat of the vehicle where the deceased was sitting blood had been recovered and also the Investigating Officer took into possession the last worn blood stained clothes of the accused and that of the deceased---Furthermore, complainant of the case appeared before the court who deposed quite in line with what he had reported in his initial report---Thorough and careful examination of the case record would show that the prosecution had proved its case against the accused through cogent and reliable evidence and beyond any reasonable doubt---However, due to some mitigating circumstances the sentence was reduced to imprisonment for a period of ten years---Appeal was partially allowed with modification in sentence.

Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM vs Mst — 2024 YLR 1065 PESHAWAR-HIGH-COURT

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