IZZATULLAH vs State Ss — 2021 YLR 1184 QUETTA-HIGH-COURT-BALOCHISTAN

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IZZATULLAH VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Ocular account was corroborated by medical evidence---Prosecution case was that the accused party while armed with deadly weapons made firing upon the complainant party, due to which the son, wife of complainant and his neighbour died---Record showed that on the day of incident, three persons were injured and succumbed to injuries---Complainant and eye-witnesses stated that the bullet fired by absconding accused hit wife of complainant---Deceased son of complainant was hit by other absconding accused, whereas his neighbour was hit by the accused---Eye-witnesses in their deposition neither made any improvements nor there appeared any glaring contradictions---Admittedly, the complainant and ocular witnesses were related to each other---Testimony of eye-witnesses could not be discarded on the said ground---Not the relationship but the intrinsic value of the evidence was to be considered---Presence of eye-witnesses at the spot and their credibility could not be shattered by the defence---Defence had failed to bring on record any ill-will of prosecution witnesses with the accused---Defence had not disputed the unnatural death of deceased---Death certificates issued by Medical Officer confirmed that the deceased died due to fire arm injuries---Medical evidence confirmed the ocular account with regard to seat of injuries, kind of weapon used in the occurrence---Ocular account furnished by the prosecution was trustworthy and reliable---Defence had failed to point out any reason that the witnesses charged the accused falsely and substituted him with actual culprit---Defence failed to point out any material contradictions, omissions and improvements---High Court observed that record transpired that the real cause of occurrence had not been disclosed by either side, in such state of affairs, it would be appropriate to modify the sentence under S.302(b), P.P.C. from death to that of imprisonment for life---Appeal was partly allowed and the death sentence awarded to the accused under S.302(b), P.P.C. on account of murder of deceased neighbour of complainant was modified to that of life imprisonment.

IZZATULLAH vs State Ss — 2021 YLR 1184 QUETTA-HIGH-COURT-BALOCHISTAN

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