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

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BADAR-UD-DIN VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of eyewitnesses at the place of occurrence was justifiable---Scope---Accused was charged that he along with his co-accused committed the murder of brother of the complainant and also injured the witness---Record showed that FIR was lodged within twenty-five minutes of the occurrence and the accused, along with the absconding accused were specifically nominated therein---Complainant and two eyewitnesses had furnished ocular account of the incident---Said witnesses attributed the role of firing to the accused and absconding accused---Eyewitnesses gave a consistent and straightforward ocular account of the occurrence---Despite extensive and lengthy cross-examination, nothing was brought on record, which might significantly demonstrate that the said eye-witness account was false or their presence at the scene of the crime was doubtful or distrustful---Presence of the said witnesses on the spot was also proved and the name of the witnesses were also mentioned in the promptly lodged FIR without any delay---Investigation Officer had recorded the statement of another witness under S.161, Cr.P.C., after the occurrence---Said witnesses gave a plausible explanation for their presence at the spot at the relevant time---Injured witness also supported the prosecution witnesses, since he sustained injuries on his person and was immediately taken to the hospital where Medical Officer prepared his injury sheet and he was shifted to hospital for further treatment---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

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

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