NAQEEBULLAH vs State Ss — 2021 YLRN 117 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

NAQEEBULLAH VS State Ss. 302, 204, 201, 187 & 109---Qatl-i-amd, destruction of document, causing disappearance of evidence of offence, or giving false information to screen offender, omission to assist public servant when bound to give assistance, abetment---Appreciation of evidence---Ocular account supported by the medical evidence---Scope---Accused was charged for committing murder of the father of the complainant by firing---Ocular account had been furnished by complainant and another eye-witness---Record showed that the complainant narrated the whole story with regard to the occurrence and had correctly stated time, date and manner in which the occurrence had taken place---Complainant had correctly identified the accused before the court---Both the witnesses attributed the role of firing to the accused---Said witnesses gave a consistent and straightforward ocular account of the occurrence---Despite conducting exhaustive and lengthy cross-examination, nothing was brought on record, which might significantly demonstrate that the said witnesses' account was false and their presence at the scene of the crime was doubtful and distrustful---Presence of the witnesses on the spot was also proved---Accused persons did not point out any enmity of the witnesses---Witnesses had no reason or motive to implicate them falsely---Record transpired that there was single accused, who made firing upon the deceased and in such like cases substitution was a rare phenomenon---Medical evidence was in complete harmony with the ocular testimony of the complainant and eye-witness---No conflict could be pointed out to create a dent in the prosecution case---Medical evidence of the deceased was produced by Medico-Legal Officer, who issued the medical certificate according to which the death of the deceased was due to firearm, which injury of vital organ excessive bleeding and shock---Testimony of the said witness had also been corroborated by the recovery of the blood-stained garments of the deceased, recovery of bullet empties of Kalashnikov---Said recovery had duly been proved through recovery witness and nothing adverse could be achieved despite cross-examination---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

NAQEEBULLAH vs State Ss — 2021 YLRN 117 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported