IHSAN ALI vs State Ss — 2023 PCrLJ 1429 QUETTA-HIGH-COURT-BALOCHISTAN

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IHSAN ALI VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account truthful and confidence inspiring---Accused was charged for committing murder of his wife and injuring his cousin after proclaiming him to be siyakaar with his wife---Record showed that complainant was the brother of deceased and he reiterated what he had reported in his application on the basis whereof FIR was registered---Complainant was cross-examined from various angles with regard to timing, place of occurrence and other aspects, but he remained firm to his examination-in-chief---Other witness was uncle of the deceased and he testified and corroborated the testimony of his nephew---Said witness gave similar account of the occurrence as deposed by other eye-witnesses---Another witness testified in line with the testimony of both the said witnesses by furnishing the detailed account of murder of deceased and causing injuries to injured---Said witnesses were cross-examined on various points with the purpose to discredit and dispute their presence, but their testimony went unshaken---Though, some minor discrepancies were observed, but same were ignorable, having no importance to discredit their testimony or to be fatal to the case of the prosecution---Injured, who received injuries at the hands of the accused testified that while he was asleep, he woke up due to the clamor and had seen the accused armed with a hatchet, who attacked him, whereby he sustained injuries, and when complainant and witnesses tried to apprehend him, he escaped by proclaiming him siyakaar with his wife---Testimony of injured, despite lengthy cross-examination could not be shattered---Injured remained firm and consistent to his testimony like other eye-witnesses---Ocular account had been found to be confidence-inspiring and truthful---Eye-witnesses had proved their presence as all of them were living together almost in the same premises---Nothing had been brought on record to justify that the testimony of the eye-witnesses was fabricated or false---Even otherwise, there was also no plausible justification as to why they would let go the real culprits and falsely implicate the accused for no reason---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to mitigating circumstance sentence was converted and reduced from capital penalty to that of life imprisonment---Appeal was dismissed with said modification in sentence.

IHSAN ALI vs State Ss — 2023 PCrLJ 1429 QUETTA-HIGH-COURT-BALOCHISTAN

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