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GHULAM MUSTAFA alias RAJA BULEDI vs State Ss — 2021 YLRN 61 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 YLRN 61 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Parties
GHULAM MUSTAFA alias RAJA BULEDI vs State Ss
Subject matter
Criminal

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

GHULAM MUSTAFA alias RAJA BULEDI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Being a broad daylight occurrence and complainant already knew the accused, diminished the possibility of mistaken identity---Both the complainant and eye-witness had furnished ocular account of the incident---Complainant while appearing before the court reiterated the same episode/version of the occurrence as stated forth by him in his initial report/FIR and charged the accused persons for the murder of the deceased---Eye-witness had also corroborated the testimony of complainant and charged the accused with firing upon the deceased and that the co-accused was also armed with a pistol for the commission of the offence---Un-shattered statement regarding his presence, shifting of the dead body of the deceased to the hospital, lodging of the FIR by the complainant on his report established his presence at the spot---Eye-witness was neither relative of the deceased nor inimical towards the accused---Both the eye-witnesses had been subjected to lengthy cross-examination by the prosecution but nothing beneficial could be extracted from them---Said witnesses remained stuck with their stance and corroborated each other on material events of the incident, date, time and place of occurrence and firing made by the accused at the deceased---Appeal was dismissed accordingly.

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