Ghulam Mustafa vs State Ss — 2026 PCrLJ 865 KARACHI-HIGH-COURT-SINDH

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

Ghulam Mustafa VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Related and interested witnesses, evidence of---Scope---Accused was charged for committing murder of the brother of complainant---It was alleged by defence that the witnesses were near relatives to deceased and were interested therefore, their evidence could not be relied upon---Validity---Such contention had no force as in the instant matter, the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence---Both the parties were known to each other as was evident from their evidence, therefore, there was no chance of mistaken identity of the appellant---Where the witnesses fell within the category of natural witnesses and detailed the manner of the incident in a confidence-inspiring manner, then only escape available with the accused/appellant was to satisfactorily establish that witnesses were not witnesses of truth but "interested" ones---An interested witness was not the one who was relative or friend but was the one who had a motive to falsely implicate an accused---Mere relationship of eye-witnesses with the deceased alone was not enough to discard testimony of the complainant and his witnesses---In matters of capital punishment, the accused would not stand absolved by making a mere allegation of dispute/enmity but would be required to bring on record evidence that there had been such a dispute/enmity which could be believed to have motivated the "natural witnesses" in involving an innocent at the cost of escape of "real culprits"---No tangible substance had been brought on record by the appellant to justify his false implication in this case at the hands of complainant party on account of any previous enmity---Appeal against conviction was dismissed, in circumstances.

Ghulam Mustafa vs State Ss — 2026 PCrLJ 865 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2026 PCRLJ