SADAM HUSSAIN alias KOBRA vs State S — 2021 MLD 1763 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1763 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: SADAM HUSSAIN alias KOBRA vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Judgment text as reported

SADAM HUSSAIN alias KOBRA VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the brother of the complainant---Ocular account of the incident had been furnished by two witnesses---Prosecution case was that the accused had made firing upon deceased near the shops of two witnesses---Defence had not disputed the shop of both the ocular witnesses near the place of occurrence---Presence of said witnesses was, therefore, natural---Defence had also admitted the presence of ocular witnesses at the place of occurrence---First Information Report was lodged by the complainant on the basis of information conveyed by the witness, however the same was lodged with promptitude without any fabrication---Ocular account was consistent in their statements and despite lengthy cross-examination they remained unshaken---Testimonies of ocular witnesses did not find as tainted or they had motive to falsely implicate the accused---Defence had failed to brought on record to show that the ocular witnesses were inimical to the accused---No plausible reason had been established by the defence to indicate as to why the eye-witnesses and complainant would substitute the accused by leaving the real culprit---Occurrence had taken place in broad day light---Accused was nominated in promptly lodged FIR and his role was also described mentioning kind of weapon used by him---Testimonies of eyewitnesses were natural and convincing one and their statements found corroborated with other evidence---Analysis of prosecution evidence showed that the prosecution had proved the charge against the accused beyond reasonable doubt.

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