“Having heard learned counsel for the parties and having
gone through the evidence on record, we note that although P.W.7 who is first cousin and brother-in-law of Fazil
deceased claims to have seen the occurrence from a distance
of 30 ft. (as given in cross-examination) and two other
witnesses namely Musa and Ranjha were also attracted to
the spot but none rescued Fazil deceased and appellant had
a free hand to inflict as many as 9 injuries on his person.
The explanation given by these witnesses that since Liaqat
Ali had threatened them therefore, they could not go near
Fazil deceased to rescue him is repellant to common sense
as Liaquat Ali was not armed with a fire-arm which could
have scared the witnesses away. He was a single alleged
assailant and if the witnesses were there at the spot they
could have easily overpowered him. This makes their
presence at the spot doubtful.”
2008 SCMR 95
Used in Judgment of:
Lahore High Court
| Criminal Appeal 248-14 |
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