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

Case information

Citation: 2025 YLR 2101 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Shabbir Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Shabbir Hussain VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Related and interested witnesses, evidence of---Scope---Accused was charged for committing murder of the brother of complainant by firing---Time of incident, the time of report and the time of examination of the dead body of the deceased by the doctor, were the circumstances, which confirmed that all the events happened in quick succession and there was hardly an occasion for the witnesses to consult and deliberate as admittedly, the parties were not related to each other---Admittedly, no previous ill-will was brought on record either by the complainant or by the Investigating Officer, so the defence could not convince that either the witnesses were interested or they had a motive for false implication---True that the witnesses were closely related to the deceased, but under no circumstances, they could be held as interested and inimical towards the appellant---No cavil with the proposition that the statement of a close relative can be taken into consideration provided it rings true and provided it inspired confident---As both the witnesses were cross- examined on material aspects of the case and as nothing detrimental to the prosecution case could be extracted from their mouths, so mere relationship of the witnesses with the deceased could hardly be a ground to label them as interested witnesses---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, accordingly.

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