BADAR-UD-DIN vs State Ss — 2022 MLD 1346 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 1346 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: BADAR-UD-DIN 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

BADAR-UD-DIN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Related and interested witnesses---Scope---Accused was charged that he along with co-accused committed the murder of brother of the complainant, and also injured the witness---In the present case, defence objected that only interested witnesses were produced by the prosecution and the case of the prosecution lacked independent corroboration---Held, mere relation of witnesses with the deceased was no ground to discard their testimonies, if their evidence was found entirely independent and truthful, therefore, their testimony, without looking for any other corroborative evidence, would alone be sufficient to establish the charge---Evidence of related witnesses who were not found inimical and were confidence-inspiring would hardly need any corroboration---Complainant was the brother of the deceased and injured and eyewitness were relatives of the complainant---Being a close relative of the deceased, the said witnesses were subjected to lengthy cross-examination, but nothing advantageous was brought, rendering the case of the accused inconsistent---No serious enmity, whatsoever, was alleged against them and besides that being the real brother and cousins of the deceased, the question of substitution of the real culprits with that of the accused did not arise, which otherwise was a rare phenomena---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of doubt---Appeal against conviction was dismissed accordingly. Head NotesCase Description

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