MUHAMMAD UMAR vs State S — 2022 PCrLJ 695 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD UMAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account corroborated by medical evidence---Scope---Accused was charged for committing murder of the brother of complainant by firing---Ocular account of the incident had been furnished by three witnesses including complainant---Record showed that application for registration of the case was submitted by complainant, wherein he specifically named the accused for making firing upon deceased which resulted into bullet injuries upon the person of the deceased---Complainant in his application stated that at the time of occurrence eye-witnesses were present---Said witnesses in their testimony had correctly stated the date, time and venue of occurrence and manner of occurrence---Said witnesses were related to the accused---Complainant fully corroborated the contents of fard-e-biyan---Statements of eye-witnesses were in line with each other---Role of firing was specifically assigned to the accused by the witnesses---Record transpired that the accused had suggested that deceased had enmity with another person, but in that regard neither the accused recorded his statement under S. 340(2), Cr.P.C., nor produced any evidence---Mere suggestion to the witness could not be a ground to discard the statement of truthful witness---Medical evidence produced by the prosecution fully corroborated the ocular account furnished by the prosecution witnesses---Complaint transpired that the deceased sustained fire arm injuries---Statements of ocular witnesses were unison and had corroborated each other---Despite cross-examination the defence had failed to shatter the statements of ocular witnesses---Circumstances established that accused had failed to make out a case in his favour---Appeal against conviction being devoid of merit was dismissed, in circumstances. Head NotesCase Description

MUHAMMAD UMAR vs State S — 2022 PCrLJ 695 QUETTA-HIGH-COURT-BALOCHISTAN

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