SAJID ALI vs State S — 2023 MLD 766 QUETTA-HIGH-COURT-BALOCHISTAN

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SAJID ALI VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the brother of the complainant---Record showed that the complainant promptly got registered FIR against unknown persons, but on the same day when he got knowledge about the involvement of the accused in the commission of offence through eye-witness, he got recorded his supplementary statement, wherein he nominated the accused---According to eye-witness, he had seen the occurrence while coming from bazar to his home on his motorcycle and when he reached near date trees, he saw the accused firing upon deceased with pistol due to which he became scared and ran away to his home on his motorcycle, and when he came to know that victim had succumbed to the injuries he went to the house of deceased and told his brother/complainant about the occurrence and involvement of the accused---Eye-witness of the occurrence was a natural witness and had no enmity for false implication of accused---Complainant had attributed specific role of firing to the accused resulting in death of deceased---Statement of eye-witness was corroborated in material aspects with statement of witness who along with Medical Officer took the deceased to the hospital---Deceased succumbed to the injuries on his way to hospital---Deceased was examined by Medical Officer who issued Medico-Legal Certificate which revealed an oral firearm entrance wound in posterior aspect of left renal angle with no exit wound---Inquest report also supported the firearm injury of the deceased---Statement of eye-witness being natural witness of occurrence corroborated with recovery of crime empties, crime weapon, bloodstained mud and clothes of deceased and Medico-Legal Certificate---Such incriminating evidence was sufficient for maintaining the conviction and sentence of accused---Circumstances established that the prosecution had proved its case beyond any shadow of doubt--- Appeal against conviction was dismissed accordingly.

SAJID ALI vs State S — 2023 MLD 766 QUETTA-HIGH-COURT-BALOCHISTAN

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