NOOR ZAMAN vs State Ss — 2023 PCrLJ 1115 QUETTA-HIGH-COURT-BALOCHISTAN

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NOOR ZAMAN VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of the accused at the place of occurrence not doubtful---Accused was charged for committing murder of the son of the complainant by firing---Statements of prosecution witnesses and defence transpired that accused and complainant were known to each other and there was a suit pending between them on the land on which the incident took place---Accused was defendant in the civil suit instituted by the complainant---Suit was pending in the court of Civil Judge---Civil Court issued a commission for the site inspection and appointed an Advocate---Pendency of suit and issuance of commission, presence of local commissioner and the revenue staff, were not disputed or denied---Local commissioner and his junior advocate were independent witnesses and deposed about the presence of complainant, his sons, and the accused along with his armed guards at the scene of occurrence---Even the witnesses, examined by the accused in his defence deposed that accused arrived at the place of occurrence where the accused and the complainant indulged in a scuffle with each other---Both defence witnesses in their 161, Cr.P.C. statements attributed role of firing to the accused and his fellows and the death of the complainant's son due to the fire shot of the accused---Defence witnesses were not declared hostile by the defence---Said defence witnesses proved the presence of accused at the place of incident---Said witnesses were confronted by the prosecution with their statements recorded under S. 161, Cr.P.C, but they could not justify their inconsistent statements made in the court---Circumstances established that the prosecution had succeeded to substantiate the charge against the accused beyond shadow of any reasonable doubt through coherent and confidence inspiring evidence---Appeal against conviction was dismissed accordingly.

NOOR ZAMAN vs State Ss — 2023 PCrLJ 1115 QUETTA-HIGH-COURT-BALOCHISTAN

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