RABBA vs State Ss — 2023 MLD 831 QUETTA-HIGH-COURT-BALOCHISTAN

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RABBA VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Accused were charged that they along with co-accused persons committed murder of the brother of the complainant by firing---Ocular account of the incident had been furnished by complainant and two eye-witnesses---Complainant reiterated what he had narrated in the crime report, attributing specific role to the accused persons and proclaimed offenders of firing with Kalashnikovs upon the deceased, which proved to be fatal, culminating into the death of deceased at the spot, while he was irrigating his fields---Complainant was cross-examined with regard to the timing, distance of firing, registration of the FIR, but his testimony could not be shattered as he remained firm and consistent---Complainant stated that firing was made at a distance of 15-20 feet after the altercation---Said witness denied that he along with eye-witnesses were not present at the crime scene---Eye-witness of the occurrence corroborated the statement of complainant in clear words that accused persons armed with Kalashnikovs came at the orchard belonging to complainant; had an altercation with deceased and then fired at him indiscriminately, whereby after sustaining firearm injuries, he succumbed and the said culprits fled away---Said witness was cross-examined, challenging his presence, but he categorically denied the suggestions made by defence counsel---Said witness remained firm and consistent to his deposition---Statement of said witness had been found to be natural and confidence inspiring---Other eye-witness unveiled the occurrence in a similar fashion as narrated by the two eye-witnesses---Said witness also gave the similar account by nominating the accused persons for firing along with convict and proclaimed offenders upon deceased---During cross-examination, statement of said witness went unshaken---Presence of said witness was disputed and denied by the defence counsel---Complainant and eye-witnesses had proved their presence as their statements had been found to be confidence inspiring, truthful and natural---Incident was stated to have taken place in a day light where the question of mis-identity did not arise---Besides above, felons were well known by the complainant and eye-witnesses---Accused had not set up any defence, which could persuade the Court believe that the complainant and eye-witnesses had falsely implicated the accused persons and let the real culprits go scot-free---Prosecution through ocular account had proved the indictment to the hilt against the accused persons, leaving no room for other view---Undisputably, the defence had not questioned and disputed the unnatural death caused by firearms, including the nature and the locale of the injuries---Circumstances established that the prosecution had proved the indictment against the accused persons beyond any glimpse of doubt--- Appeal against conviction was dismissed, in circumstances.

RABBA vs State Ss — 2023 MLD 831 QUETTA-HIGH-COURT-BALOCHISTAN

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