ABDUL KHALIQ vs State Ss — 2023 MLD 702 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL KHALIQ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused was charged that he along with his co-accused persons assaulted upon the complainant party and made firing, due to which brother of complainant was hit and died whereas other two persons received severe injuries---Ocular account of the incident had been furnished by complainant and two injured persons--- Complainant reiterated what he had mentioned in his report---Complainant was cross-examined at length, but he remained firm and consistent and his testimony went unshaken---Injured testified absolutely in line with the testimony of complainant---Said injured witness had given the similar account of the occurrence with specific roles as narrated by the complainant---Injured witness was subjected to a lengthy cross-examination, but he did not step back and remained firmed and consistent on material points, corroborating the testimony of complainant---Other injured corroborated the ocular account furnished by complainant and injured witness---Said witness had given the detail of the occurrence in a very natural manner, attributing specific roles to the accused as well as proclaimed offenders---After indepth scrutiny of the ocular account of the said prosecution witnesses, their testimonies were found confidence-inspiring and truthful as their statements coincided with each other, creating no space to doubt them---Medical evidence furnished by Police Surgeon, who examined the deceased confirmed the injury caused by firearm---Said witness was cross-examined, but nothing favourable could be extracted from his deposition---In a similar fashion, Medical Officer furnished his account of treating the injured persons---Facts and circumstances showed that the occurrence of murder took place at the spur of the moment---Had it been the motive of the accused to commit murder of injured cousin of complainant, he would have struck with the sharp side of axe and repeated the same until his death---Accused could not be held responsible either for the murder of deceased or the murderous assault upon injured, as such, he was only liable for the injuries caused to injured---Accused was convicted and sentenced two counts i.e. under S. 337-A(ii) to pay Arsh, which shall be 5% of Diyat to injured and imprisonment of two years RI as well as under S. 337-L(2) to suffer six months imprisonment---Appeal was partly allowed and modified the sentence by setting aside the conviction and sentence recorded by the Trial Court.

ABDUL KHALIQ vs State Ss — 2023 MLD 702 QUETTA-HIGH-COURT-BALOCHISTAN

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