MIRA BUKHSH vs State Ss — 2023 PCrLJ 233 QUETTA-HIGH-COURT-BALOCHISTAN

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MIRA BUKHSH VS State Ss. 302(b), 324, 337-D, 337-F(iii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, ghayr-jaifah-mutalahimah, common intention---Appreciation of evidence---Ocular account---Scope---Accused were charged for committing murder of the assistant of brother of complainant and causing injuries to his brother---Motive behind the occurrence was stated to be an old enmity---Ocular account had been furnished by complainant, his minor brother and injured---Complainant appeared and reiterated the contents of FIR---Said witness though did not witness the crime directly, however, the fact remained that he brought the criminal machinery into motion and he fully corroborated the testimonies of other witnesses---Statement of child witness had fully been corroborated by the direct evidence of injured witness and complainant, thus, nothing adverse had come on record to disbelieve the evidence of minor witness---Case of prosecution had further got strength from the statement of injured witness---Said witness had correctly stated the date, time and the place of occurrence as well as the manner in which the occurrence had taken place---Said witness had fully corroborated the statement of complainant and minor witness---Said witness had confirmed that the accused made firing upon him with pistol, while absconding accused inflicted dagger blows upon him and upon the person of deceased, whereafter he was taken to hospital for medical treatment---Injured witness had correctly identified the accused in the trial to be the culprit, who made firing upon him with pistol---Said witness was cross examined at sufficient length, but it appeared that the witness remained firm in his deposition and the defence had failed to shake his testimony---Since said witness was not only the victim/injured, but also the direct eye witness of the occurrence---Evidence of injured witness appeared to be trust worthy, reliable, confidence inspiring and free from any prejudice or mala fides---No reason existed to disbelieve or discard the statement of injured witness---Statement of said witness being injured witness was enough to establish the charge against the accused---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of reasonable doubt---Appeal against conviction was dismissed accordingly.

MIRA BUKHSH vs State Ss — 2023 PCrLJ 233 QUETTA-HIGH-COURT-BALOCHISTAN

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