GULZAR vs State Ss — 2023 MLD 1344 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1344 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: GULZAR vs State Ss
Subject matter: Criminal

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

Judgment text as reported

GULZAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Natural witnesses present at the spot---Accused were charged for making firing upon two brothers of the complainant, due to which they received injuries and later on one of them succumbed to the injuries---Record showed that the presence of the said witnesses on the spot was proved, and the name of the witnesses was also mentioned in the promptly lodged FIR without any delay---At the same time, the Investigation Officer recorded the statements of eye-witness/injured witness soon after the occurrence---Complainant and injured/eye-witness was the real brothers of the deceased---Said witnesses were residents of the vicinity---Distance between the place of occurrence and the house of the complainant was 30/35 steps---Eye-witnesses had given a plausible explanation for their presence on the spot at the relevant time---Injured witness also supported the prosecution case since he sustained injuries on his person and was immediately shifted to the hospital where Medical Officer examined him and issued a medical certificate according to which the injured received injuries by means of firearms---Thus, the presence of injured witness was also established---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

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