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MASHAD ALI vs State Ss — 2021 PCrLJN 16 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 16 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
MASHAD ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 13; Pakistan Arms Ordinance (XX of 1965)

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

MASHAD ALI VS State Ss. 302(b) & 34---Pakistan Arms Ordinance (XX of 1965), S.13(d)---Qatl-i-amd, common intention, possessing illicit weapon---Appreciation of evidence---Ocular account and medical evidence---Corroboration---Accused was charged for committing murder of the deceased then injured/complainant---Murasila/dying declaration revealed that the deceased, then injured, had directly charged the accused with specific role of firing at him---Dying declaration of the deceased, then injured, had been corroborated by eye-witness in his statement---Said witness had been subjected to lengthy and taxing cross-examination, but nothing beneficial to defence could be extracted from him---Said witness corroborated the dying declaration of the deceased, then injured and remained consistent with the version set forth by the deceased, then injured in his dying declaration---Witness corroborated the dying declaration on all material particulars of the occurrence i.e. day, date, time and place of occurrence as well as the role of the accused and of co-accused---Like deceased, then injured, eye-witness also charged the accused with specific role of firing at the deceased---No doubt, witness was the uncle of the deceased but on the sole ground of his close relationship with the deceased, his testimony could not be discarded because he had furnished a straightforward and confidence inspiring testimony corroborated by circumstantial evidence in the shape of recoveries and supported by medical evidence---No evidence, whatsoever, had been brought by the defence to prove any enmity or grudge of eye-witness with the accused---Medical Officer, who conducted autopsy on the dead body of the deceased, supported the ocular account furnished and the dying declaration of the deceased, then injured---Circumstances established that the prosecution had proved the guilt of appellant up to the hilt through dying declaration of the deceased, then injured corroborated by testimony of eye-witness, supported by medical evidence as well as the circumstantial evidence in the shape of recoveries---Trial Court had rightly held accused guilty of the offence to which no exception could be taken---No evidence had been brought on record to prove the motive advanced by the prosecution, therefore, the Trial Court was justified by not awarding capital sentence to the accused---Appeal against conviction was dismissed, in circumstances.

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