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---Related witnesses, evidence of---Reliance---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---Defence objected that only witnesses who were real brothers of the deceased were produced, thus the case of prosecution was lacking independent corroboration---Validity---Mere relation of witnesses with the deceased was no ground to discard their testimonies if their evidence was found entirely independent and truthful, therefore, their testimony without looking for any other corroborative evidence, would alone be sufficient to establish the charge---Evidence of related witnesses who were not found inimical and were confidence-inspiring would hardly need any corroboration---Eye-witnesses were real brothers of deceased---Being close relatives of the deceased, the said witnesses were subjected to lengthy cross-examination, but nothing advantageous was brought on record, inconsistent with the case against the accused, who were implicated by the said witnesses---No serious enmity whatsoever was alleged against them, and besides that being the real brothers, the question of substitution of the real culprits with that of accused persons did not arise, which otherwise was a rare phenomena---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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