Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

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Muhammad Younas VS Usman Ss. 302(b), 394, 341, 201, 204, 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---arms act (XX of 1965), S. 13---Qatl-i-amd, voluntarily causing hurt in committing robbery, wrongful restrain, causing disappearance of evidence of offence or giving false information to screen defenders, destruction of document to prevent its production as evidence, abetment, common intention, harabbah, possession of illicit weapon---appreciation of evidence---Related witnesses, evidence of ---Reliance---Scope---accused were charged for committing murder of the husband of complainant by firing during robbery---alleged by defence that all the witnesses cited by the prosecution were close relatives of the complainant, and no independent or impartial witnesses were included---Mere relationship of a witness with the complainant did not render his testimony unreliable or unworthy of consideration---Testimony of a witness could only be discredited if it was proven that the witness harbored animosity or malice towards the accused giving rise to a motive for false implication---In the present case, the defense had failed to present any evidence or proof demonstrating that the witnesses were inimical or bore ill will towards the accused---In absence of such evidence, the credibility of witness remained intact---Thus, said stance of defense could not form a basis for rejecting the evidence presented by the prosecution---Circumstances established that the prosecution had proved its case, however due to some mitigating circumstance, the sentence of 25 years awarded to each accused was reduced to 14 years--- appeal was partially allowed with said modification in sentence.

Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

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