Munir Hussain Shah vs State Ss — 2025 YLR 1001 LAHORE-HIGH-COURT-LAHORE

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Munir Hussain Shah VS State Ss. 302(b) & 458---Qatl-i-amd, lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Scope---Accused was charged for committing murder of the brother of complainant by firing---No doubt both the witnesses were near relatives inasmuch as the complainant was real brother and eye-witness was cousin of the deceased, but the incident had taken place inside the house and no one except the inmates of the house were in a position to state who was responsible for committing the murder of deceased---In such like cases, when incident took place inside the house, testimonies of the inmates of the house had more credence as compared to any other witness, as it would be unrealistic for a person other than the inmate of the house to state what happened inside the house---In the instant case, both the witnesses were present inside the house, therefore, they were quite natural witnesses, who could conveniently describe the incident in the manner as it happened as compared to any other independent witness---Moreso, there was no earthly reason for the eye-witnesses to falsely implicate the appellant in substitution of the real culprits---Even otherwise, substitution of the real culprits with an innocent one, in particular, where the eye-witnesses had lost their close kith and kin, was a rare phenomenon---Mere relationship of the eye-witnesses with the deceased was not sufficient to discard their evidence, if the same was otherwise found confidence inspiring and trustworthy---Circumstances established that the prosecution had proved its case against the appellate beyond any shadow of doubt, however, due to mitigating circumstances, the capital punishment was converted into one of imprisonment for life---Appeal was dismissed with said modification in sentence.

Munir Hussain Shah vs State Ss — 2025 YLR 1001 LAHORE-HIGH-COURT-LAHORE

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