Shabbir Hussain vs State S — 2025 YLR 2101 PESHAWAR-HIGH-COURT

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

Shabbir Hussain VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Medical evidence supporting the ocular account---Scope---Accused was charged for committing murder of the brother of complainant by firing---Medical evidence was in harmony with the ocular account and the witnesses remained consistent on that particular aspect of the case---True that the deceased received an entry on right of his neck with its exit to the left but equally true that it alone could not determine the presence of the appellant and the presence of the deceased at the stated time---An attempt was made to convince that in case the deceased was proceeding towards the appellant, then he would have received an injury from his left with its exit on his right, but the defence ignored that the deceased received three firearm injuries and apart from the injury on the neck, he received another injury on his shoulder which travelled from left to right---As the defence could not convince that what injury was received by the deceased at the earliest and which of the injury thereafter, so that Court could presume that after receiving the injury on his shoulder, the deceased changed his direction and it was in that eventuality that he received an injury on the right of his neck with its exit on the left---Fact cannot be ignored that man is not a statue, rather every individual reacts differently in particular circumstance of each particular case---Possibility could not be excluded that after receiving firearm injury on his shoulder, the deceased wanted to rescue himself and, while struggling so, he received an injury on his neck---Medical evidence fully supported the ocular account---Medical evidence was confirmative in nature and in absence of trustworthy eye-witnesses account, the same could hardly be a circumstance for holding the accused responsible---However, as in this particular case, the witnesses remained consistent, so the medical evidence could be taken into consideration---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, accordingly.

Shabbir Hussain vs State S — 2025 YLR 2101 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 YLR