NASEEBULLAH vs State Ss — 2022 YLR 885 QUETTA-HIGH-COURT-BALOCHISTAN

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NASEEBULLAH VS State Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Effect---Accused persons were charged that they made firing upon the father and brother of the complainant, due to which both were injured but brother of complainant succumbed to injuries---Ocular account of the incident had been furnished by complainant, injured and a witness---Injured being eye witness narrated the whole story with regard to the occurrence---Said witness had correctly stated the date, time, the place of occurrence and the manner in which the alleged occurrence had taken place---Likewise, another eyewitness, relative of the deceased, fully corroborated the contents of the FIR as well as statement of injured witness---All the said witnesses gave consistent, natural and straightforward ocular account of the occurrence---Defence subjected them to a lengthy searching cross-examination but their testimony remained unshaken and un-shattered---Nothing was in their cross-examination to show that the accused were falsely implicated in the case---First Information Report was lodged promptly without any delay while the Investigating Officer had recorded the statements of both the witnesses soon after the occurrence---Presence of father of deceased was further established at the place of occurrence as he had also received injuries on his person---Presence of said witnesses at the place of occurrence was established---Complainant was brother and injured was father of the deceased and other witness was his relative---Said fact suggested that it was hard to believe that all the said witnesses would substitute the real culprits with the accused who had committed murder of the deceased---Substitution was a rarer phenomenon---Medical evidence produced by the prosecution also supported and corroborated the testimony of eye-witnesses and no contradiction at all could be pointed out by the defence---Circumstances established that the prosecution had succeeded in proving the charge to the extent of main accused through consistent, confidence inspiring and cogent evidence---All the witnesses remained firm in their deposition to the extent of the said accused---Record showed that neither the co-accused made firing nor recovery was effected from him---Prosecution had failed to establish through incriminatory evidence with regard to common intention or common object of the co-accused to commit the murder of deceased and causing injuries to his father---Prosecution had only established presence of co-accused along with the main accused at the relevant time, which was not sufficient to hold him responsible for the charge---Appeal against conviction was allowed to the extent of co-accused and he was acquitted of the charge---Appeal against conviction to the extent of main accused was dismissed, in circumstances.

NASEEBULLAH vs State Ss — 2022 YLR 885 QUETTA-HIGH-COURT-BALOCHISTAN

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