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

Case information

Citation: 2023 PCrLJ 1115 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: NOOR ZAMAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342

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

NOOR ZAMAN VS State Ss. 302, 324, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 21(1)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Motive proved---Circumstances establishing preparation for offence alleged---Accused was charged for committing murder of the son of the complainant by firing---Record showed that the incident took place in broad day light, therefore, the question of mistaken identity did not arise---Pendency of civil suit and motive was put, by the Trial Court, to the accused under S. 342, Cr.P.C---Complainant not only alleged motive, rather proved it through evidence i.e. pendency of suit and intention of accused to occupy the subject land---Evidence of motive also corroborated the testimony of complainant and eye-witnesses---Medical evidence was another piece of evidence which corroborated the statements of complainant and eye-witnesses---Arriving in the company of armed guards at the scene of occurrence showed the preparation of the accused for the commission of offence---Any fact which showed preparation for any fact in issue and relevant fact, was relevant under Art. 21(1) of the Qanun-e-Shahadat, 1984, which was another piece of corroborative evidence---Advocates at the site also corroborated ocular account of complainant and eye-witnesses---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.

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