GUL RAHMAN vs STATE Ss — 2026 YLR 90 PESHAWAR-HIGH-COURT

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GUL RAHMAN VS STATE Ss. 302(b), 337-a(i), 337-a(ii), 337-a(iii) & 337-L(2)---Qatl-i-amd, causing shajjah-i-khafifah, shajjah-i-mudihah, shajjah-i-hashimah, causing hurt---Appreciation of evidence---Medical evidence, confirming ocular account and presence of witnesses at the spot--- Accused-appellants were charged for committing murder of the father of complainant and causing injuries to the complainant and his brother through sticks and pickaxe blows--- Both the injured witnesses i.e. complainant of present case and his brother had stamp of injuries on their bodies--- Before rendering any findings in respect of that aspect of the case, it would be in the fitness of things to make a reference to medical evidence of both these injured witnesses--- Medical Officer, at first instance, had spotted two injuries on the body of injured/complainant--- Similarly, the said Medical Officer had also examined the other injured, whereby it was opined that the injured had received injury on his head with blunt trauma, and there was bleeding from left ear vitally stable with no history of loss of consciousness--- In view of said injuries on the persons of injured witnesses, there was no justifiable reason for them to charge present appellants falsely or for that matter to substitute them with real culprits--- Though, it is not a rule of thumb that an injured person will always tell nothing but a whole truth, however, testimony of an injured person cannot easily be discarded on the sole plea that he is interested in conviction of accused--- Testimony of such witness is required to be adjudged with a judicious and independent mind in light of attending circumstances of each and every case--- If found honest and confidence inspiring, then statement of an injured person can safely be considered against an accused person without any hesitation or jiggle of mind--- Thus, presence of injured witnesses on the spot of occurrence, in view of stamp of injuries on their persons was established, being natural, confidence inspiring and in conformity with their accounts--- Appeal against conviction was dismissed, in circumstances.

GUL RAHMAN vs STATE Ss — 2026 YLR 90 PESHAWAR-HIGH-COURT

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