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

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GULZAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---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---Ocular account of the occurrence had been furnished by complainant and injured being eye-witnesses---Said witnesses attributed the role of firing to the accused persons---Said witnesses gave a consistent and straightforward ocular account of the occurrence---Despite conducting extensive and lengthy cross-examination, nothing was brought on record which might significantly demonstrate that the said eye-witness' account was false or their presence at the scene of the crime was doubtful or distrustful---Medical evidence was in complete harmony with the ocular testimony of the complainant and injured witness, and no conflict could be pointed out to create a dent in the prosecution case---Medical evidence of the deceased was produced by Medical Officer, who conducted a postmortem of the deceased---According to the postmortem report, the death occurred due to damage of vital organs, i.e. lung, major vessels and excessive blood loss---Testimony of the said witness had also been corroborated by recovery of blood-stained earth, blood-stained garments of the deceased, recovery of crime empties and positive report of Forensic Science Laboratory---Said recovery had been duly proved through recovery witnesses and nothing adverse could be achieved despite cross-examination---Medical evidence produced by the prosecution also supported and corroborated the testimony of the eye-witnesses and no contradiction at all could be pointed out by the defense---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

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

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