MUHAMMAD RAZI alias MUHAMMAD KHALIL vs State S — 2022 MLD 887 Gilgit-Baltistan Chief Court

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

MUHAMMAD RAZI alias MUHAMMAD KHALIL VS State S.302(b)---arms Ordinance (XX of 1965), S.13---Qatl-i-amd, possessing unlicensed weapon---appreciation of evidence---Sentence, reduction in---accused was charged for committing murder of the brother of the complainant by firing---Ocular account of the incident had been furnished by three eyewitnesses---Record showed that names of two eyewitnesses were appearing in the promptly lodged FIR---after meticulously examining statements of the said eyewitnesses, it was found that they were natural witnesses and discrepancies in their statements were very minor---Presence of the said eyewitnesses at the place of occurrence was established---Said eyewitnesses were thoroughly cross examined by the defence but their statements could not be shattered by defence---although eyewitnesses were related to the deceased but the relationship with the deceased was no ground for discarding their evidence as relationship with the deceased did not make a witness interested one and testimony of such witness who otherwise seemed to be truthful witness could not be rejected on the said ground if he had no reasons to falsely implicate the accused in the commission of offence---Version of said witnesses was further corroborated/supported by recovery of weapon of offence i.e. 30 bore pistol on the pointation of accused in presence of marginal witnesses, blood stained earth, empty shells of 30 bore pistol from the place of occurrence and positive report of Fire arms Expert---Medical account on record had been furnished by the statement of Medical Officer who had conducted autopsy on the dead body of the deceased which also supported the prosecution version---Circumstances established that the prosecution had proved its case against the accused, however keeping in view juvenility/minority of the accused sentence of imprisonment was converted/reduced from life imprisonment to fourteen years---appeal was dismissed with modification in sentence.

MUHAMMAD RAZI alias MUHAMMAD KHALIL vs State S — 2022 MLD 887 Gilgit-Baltistan Chief Court

Case information

Judgment text as reported

Other judgments reported in 2022 MLD