Citation Name: 2024 YLR 2451 PESHAWAR-HIGH-COURTBookmark this Case Gul Roz alias Meena vs State Ss

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Citation Name: 2024 YLR 2451 PESHAWAR-HIGH-COURTBookmark this Case Gul Roz alias Meena VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Natural witnesses---Presence of the eye-witnesses at the time and place of occurrence proved---Accused were charged for committing murder of uncle and two cousins of complainant---Ocular account in this case had been furnished by complainant and a witness---Perusal of the testimony of the eye-witnesses would reveal that they were consistent and had corroborated each other on all material particulars of the incident, such as the day, date, time and place of occurrence as well as the mode and manner in which the occurrence had taken place---Said witnesses were also consistent on motive---Despite their cross-examination,nothing beneficial to defence or adverse to the prosecution could be extracted from their mouths---Defence had failed to shatter their testimony or the fact of their presence at the spot at the time of occurrence---Undeniably, the occurrence had taken place in the holy month of Ramadan before Iftari time---Houses of the eye-witnesses were situated in close proximity of the crime spot---As a general practice and tradition, people reached home for Iftari and male members of the house usually remained outside near their house waiting for the Iftari time, therefore, presence of the eye-witnesses at the spot a bit prior to Iftari was quite natural and appealable to a prudent mind---Both the eye-witnesses had reasonably explained their presence at the spot---Admittedly, there was no previous enmity between the parties, therefore, question of substitution or false implication did not appeal to a prudent mind---Motive behind the crime was an altercation between deceased and absconding co-accused persons, therefore, it was quite appealable to a prudent mind that complainant and witness were not the first target of the accused---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however due to some mitigating circumstances, the death sentence of the accused was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence.

Citation Name: 2024 YLR 2451 PESHAWAR-HIGH-COURTBookmark this Case Gul Roz alias Meena vs State Ss — 2024 YLR 2451 PESHAWAR-HIGH-COURT

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