FATEH KHAN vs State Ss — 2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN

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FATEH KHAN VS State Ss. 302, 324, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Ocular account was in line with the medical evidence---Accused were charged for making indiscriminate firing upon sons and grandson of complainant, due to which, they were seriously injured but his one son succumbed to injuries---Motive was alleged that accused used to restrain the injured persons and deceased from passing the road and existence of previous enmity---Ocular account of the incident had been furnished by witnesses including injured persons---Prosecution had not disputed the presence of ocular witnesses at the scene of occurrence---Three persons sustained injuries due to heavy/indiscriminate firing---Prosecution had recorded statement of two injured witnesses---Circumstances suggested that it could not be believed that the injured had let the real culprits and implicated the accused---Eye-witnesses were natural witnesses of the occurrence and their testimony inspired confidence---Record depicted that the occurrence had taken place in broad day light---Parties were well conversant to each other and there was no chance of mistaken identity---Eye-witnesses had made consistent statement before the Trial Court---Statement of ocular account had received support from medical evidence---Evidence furnished by Medical Officer was also in line with the statements of witnesses---Defence had contended that the nature of allegation was general, no specific role had been attributed to each accused---Witnesses could not possibly attribute each person's role individually during indiscriminate firing by so many persons---Evidence of eye-witnesses proved assault by the accused upon the deceased and injured---Witnesses had undergone the test of lengthy cross-examination, but their presence at the spot and credibility could not be shattered by the defence except relationship---Eye-witnesses were natural and were as good as other independent witnesses---Circumstances established that the prosecution had proved the charges against the accused persons beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

FATEH KHAN vs State Ss — 2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN

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