ABDUL BASIT vs State Ss — 2023 YLR 1066 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL BASIT VS State Ss.302(b), 397, 457, 109, 212 & 34---Qatl-i-amd, robbery, lurking house- trespass or house-breaking by night in order to commit offence punishable with imprisonment, abetment, harbouring offender, common intention---Appreciation of evidence---Accused were charged for entering into the house of complainant, committing murder of cousin sister of complainant and causing injuries to her four years old baby and also taken away one laptop, mobile phone and Mema watch from the house of complainant---Ocular account of the incident had been furnished by complainant and an eye-witness---Both the witnesses though related to each other were natural witnesses and had no enmity for false implication of accused persons in the present case---Statements of said witnesses further corroborated in material aspects with other witness/neighbor of complainant, who deposed that he and his relatives were sleeping in the house at about 3:00 am (night)---Complainant came to their house and told them that thieves had entered into his house---Said witness along with other relatives were going towards the place of occurrence---Said witnesses heard fire shots inside the house, when they reached near the house and had seen a man, who after jumping over the wall was running towards his motorbike parked with the wall---Said witness caught hold the accused with pistol in his hands with the help of complainant and other people---Said witnesses entered in the house of complainant and had seen the deceased and baby girl in a pool of blood---Statements of witness/neighbor of the complainant had also not been shaken in the cross-examination---Careful perusal of record revealed that the prosecution witnesses remained consistent throughout and there was no material contradiction and dishonest improvement to discard their testimony---No enmity, ill-will or malice had been shown to believe that the accused persons had falsely been implicated--- Ocular evidence corroborated in all material aspects was trustworthy and reliable and the prosecution had successfully proved its case against the accused persons---Appeal against conviction was dismissed, in circumstances.

ABDUL BASIT vs State Ss — 2023 YLR 1066 QUETTA-HIGH-COURT-BALOCHISTAN

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