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ABDULLAH alias KHALIQ DAD vs State Ss — 2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Parties
ABDULLAH alias KHALIQ DAD vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

ABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Accused were charged for committing murder of son of complainant and wife of accused---Motive behind the occurrence was stated to be illicit relation between the deceased persons---Complainant appeared before the Trial Court, reiterated the contents of application submitted for the registration of FIR---Statements of eye-witnesses were inconsonance with the statement of complainant---Despite lengthy cross-examination the defence failed to extract anything in its favour---Presence of ocular witnesses was not disputed---Eye-witness was brother of complainant, while other eye-witness was relative and brother of deceased lady---Defence had not denied that the deceased and witnesses were not irrigating their wheat crops---Presence of eye-witnesses, in circumstances, at the place of occurrence was established beyond reasonable doubt---All the ocular witnesses had witnessed the incident and identified the accused and co-accused with specific role of firing---Occurrence took place in broad day light---Parties were known to each other---No chance of mis-identification existed---Even the defence had not denied the occurrence---No reason existed to falsely implicate the accused with the commission of offence---Defence had not put any suggestion in regard of false implication---Father and uncle would let free the actual culprit in the murder of his son and implicate innocent person was not possible---Statement of ocular witnesses was corroborated by medical evidence and recovery---Complainant had lodged FIR promptly without any delay nominating the accused persons---Investigating Officer recorded the statements of witnesses under S. 161, Cr.P.C., on the spot without any delay---Witnesses despite searching cross-examination remained firm on material point regarding date, venue of occurrence and time---Circumstances established that the prosecution had successfully proved the charge of murder against the accused beyond any shadow of reasonable doubt---Appeal against conviction was dismissed accordingly.

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