ALI AHMED vs State Ss — 2022 PCrLJ 1480 QUETTA-HIGH-COURT-BALOCHISTAN

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ALI AHMED VS State Ss. 302(b), 324, 337-a(i), 337-a(ii), 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah, rioting, unlawful assembly---appreciation of evidence---Prosecution case was that the accused persons along with absconding accused assaulted the complainant party with hard object, due to which four persons sustained injuries, while two succumbed to the injuries---Record showed that eye-witnesses straight forwardly stated that all the accused persons being members of unlawful assembly assaulted the complainant party---Said witnesses deposed all the relevant facts---Defence objected that all the witnesses were related to each other and with deceased---Despite availability of independent persons from the locality the prosecution had not recorded their statements---Mere relationship was no ground to discard the statements of natural and truthful witnesses---No bar in the law existed to the effect that the statements of related witnesses would not be considered---Defence had failed to point out any enmity of the witnesses with the accused---Even no such suggestion was put to the witnesses---Presence of ocular witnesses at the place of occurrence was probable---Even some time the related witnesses might be found more reliable---Mere relationship would not let the real culprit to go or substitute an innocent person---Presence of accused was not disputed and there was no suggestion that the injuries were self inflicted and the occurrence had not taken place as suggested by the prosecution---Substitution of culprit was rare phenomenon in such cases---Circumstances established that the prosecution had successfully proved the charges against the accused persons beyond shadow of doubt---appeal against conviction was dismissed, in circumstances. Head NotesCase Description

ALI AHMED vs State Ss — 2022 PCrLJ 1480 QUETTA-HIGH-COURT-BALOCHISTAN

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