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

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Shabbir Hussain VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Mode and manners of the occurrence proved---Accused was charged for committing murder of the brother of complainant by firing---Record showed that the identifiers of the dead body were from the same locality where the incident occurred, so it was convincing matter that the complainant, the eye-witness and the identifiers collectively shifted the dead body of the deceased to the hospital soon after the incident---No denial to that fact that the parties were having no previous ill-will, rather it was an altercation between the appellant and the deceased few days earlier to the incident that took the life of the deceased---As the parties were not related to each other and as the witnesses had no grudge with the appellant, so the bona fide of the witnesses could not be doubted and, that no mala fide could be attributed to the witnesses---As admittedly, the house of the appellant and that of the deceased as well as the witnesses were situated in the same street, therefore, the stated time could not be disputed---As admittedly, the incident occurred on the 3rd day of Eid, so under ordinary circumstances, people were always present in their houses or in the area, where they lived---Witnesses remained consistent regarding the manner in which the incident occurred and, regarding the manner in which the matter was reported---Defence failed to shatter the credibility of witnesses and, the High Court was inclined to hold that the incident occurred in the stated manner and at the stated time---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

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