Citation Name: 2024 YLR 210 PESHAWAR-HIGH-COURTBookmark this Case AFSAR KHAN vs State Ss — 2024 YLR 210 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 210 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 210 PESHAWAR-HIGH-COURTBookmark this Case AFSAR KHAN vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 YLR 210 PESHAWAR-HIGH-COURTBookmark this Case AFSAR KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Related and interested witnesses--- Reliance--- Scope--- Accused was charged that he along with his co-accused committed murder of the brother of the complainant by firing---Plea of defence was that the complainant and eye-witness were none other than the brother and cousin respectively of deceased and were, therefore, highly interested witnesses and their deposition should, thus, be discarded, as it had not been corroborated by any independent witness---Validity---Mere fact that deceased was brother of the complainant and cousin of the eye-witness did not impeach their evidence in any manner---However, their evidence must be scrutinized carefully and if on such scrutiny their testimony was found wholly trustworthy and intrinsically reliable then probable conviction could be based on the testimony of such witnesses---Besides a close relative of a deceased would be most reluctant to spare the real culprit and implicate innocent person---Thus, submission of defence, that the complainant and the eye-witness being related to the deceased could not be relied upon had to be rejected---Circumstances established that the prosecution had established its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed.

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