MUHAMMAD SHAFIQ vs State S — 2021 YLR 1410 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD SHAFIQ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular and medical evidence--- Corroboration--- Sentence, reduction in---Accused was charged for committing murder of the brother of complainant by firing---Record showed that in the crime report, complainant had specifically nominated the accused for making firing upon deceased---First Information Report was lodged promptly---Name of son of deceased as witness was mentioned in the report, that at the time of occurrence he was with the deceased---Said witness further added that the accused had run away towards road and in the meanwhile a witness also arrived and took the deceased to hospital in a vehicle---Said witness narrated the whole story with regard to the occurrence and had correctly stated the date, time, place and manner in which the occurrence had taken place---Another witness was an eye-witness of the occurrence and stated the same story which was narrated by son of deceased---Said witnesses attributed the role of firing to the accused and gave consistent, natural and straightforward ocular account of the occurrence---Defence subjected them to lengthy cross-examination, but their testimony remained unshaken and un-shattered---Nothing was in cross-examination to show that the accused was falsely implicated in the case---Presence of the said witnesses on the spot was proved---Investigating Officer had recorded statement of the said witnesses soon after the occurrence---Testimony of the eye-witnesses was duly corroborated by the recovery of blood-stained clothes of the deceased---Medical evidence produced by the prosecution supported and corroborated testimony of the eye-witnesses and no contradiction could be pointed out by the defence---Parties were known to each other previously and the question of mistaken identity of the real culprits did not arise and it was hard to believe that both the witnesses and even the complainant would substitute the real culprits with the accused---No motive had been set up by the prosecution---Absence of the motive would not affect the prosecution case nor would cast any shadow of doubt on the prosecution case---Both the prosecution and defence had suppressed the actual facts, leading to the incident---Possibility could not be ruled out that something must have happened between the parties, which led to the said incident but had not been brought to surface, even otherwise, it did not appeal to a prudent mind that without any strong motive the accused would take such an extreme step of killing the deceased, when there was no enmity---Sentence of death was not compatible with the circumstances of the case, therefore, sentence of imprisonment for life would commensurate with the gravity of offence committed by the accused---Conviction of the accused under S.302(b), P.P.C. was maintained but his sentence of death was altered to imprisonment for life, in circumstances---Appeal was dismissed with said modi-fication.

MUHAMMAD SHAFIQ vs State S — 2021 YLR 1410 QUETTA-HIGH-COURT-BALOCHISTAN

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