MUHAMMAD TAHIR vs WALI MUHAMMAD Ss — 2026 YLR 1255 PESHAWAR-HIGH-COURT

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MUHAMMAD TAHIR VS WALI MUHAMMAD Ss. 302(b), 324, 337-A(ii), 337-F(v) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), 15---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, ghayr-jaifah hashimah, common intention, possession of illicit weapon---Appreciation of evidence---Related and interested witnesses, evidence of---Scope---Accused was charged for committing murder of the complainant then injured through firing and causing firearm injuries to two other persons---Admittedly, the eye-witnesses were closely related to the deceased, as two of them were his brothers-in-law---Nevertheless, mere relationship, by itself, was not a valid ground to discard their testimony, particularly when some of them sustained injuries in the same transaction, thereby lending assurance to their presence at the scene of occurrence---Real question, therefore, was not whether their testimony should be excluded altogether, but whether they had placed the entire truth before the investigating agency and the Trial Court, or whether material aspects relating to the genesis of the occurrence were suppressed---Even if some suppression was assumed, such suppression did not automatically warrant the total rejection of the prosecution case or the acquittal of the accused, rather the Court was required to sift the evidence carefully and determine the extent to which the prosecution version could be safely relied upon---Accordingly, the focus of the Court shifted to examining whether, in the peculiar facts and circumstances of the case, the sentence awarded by the Trial Court met the ends of justice, or whether any interference was warranted on the question of quantum of punishment---Appeal against conviction was dismissed, in circumstances. Ss. 302(b), 324, 337-A(ii), 337-F(v) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), 15---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, ghayr-jaifah hashimah, common intention, possession of illicit weapon---Appreciation of evidence---Ocular account of the occurrence proved---Accused was charged for committing murder of the complainant then injured through firing and causing firearm injuries to two other persons---Motive for the occurrence was stated to be the prior altercation between the children of both sides---Ocular account had been furnished by three eye-witnesses---Principal eye-witness gave detailed account of the circumstances in which the occurrence took place---Version of said witness was substantially corroborated by two witnesses---All those witnesses were subjected to lengthy and searching cross-examination---However, said witnesses remained consistent on material particulars, including the time of their movement, the manner in which information regarding the earlier quarrel was received, and the sequence in which they proceeded towards the house of the accused---No material contradiction or infirmity could be brought on record, so as to discredit their core version of the occurrence---Consequently, nothing of substance was extracted which could advance the defence case---Appeal against conviction was dismissed, in circumstances.

MUHAMMAD TAHIR vs WALI MUHAMMAD Ss — 2026 YLR 1255 PESHAWAR-HIGH-COURT

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