ABDUL NASIR vs State Ss — 2023 YLR 107 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL NASIR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused were charged for committing murder of parents of complainant and also injuring him by firing---Ocular account of the occurrence had been furnished by complainant/injured and an eye-witness---Eye-witness narrated the whole story with regard to the occurrence and had correctly stated the time,date and manner in which the occurrence took place---Complainant had categorically identified the accused before the court---Said witnesses attributed the role of firing to the accused persons---Said witnesses gave a consistent and straightforward ocular account of the occurrence---Despite conducting extensive and lengthy cross-examination, nothing was brought on record which might significantly demonstrate that the account of said eye-witnesses was false or their presence at the scene of the crime was doubtful or distrustful---Presence of the said witnesses on the spot was also proved---On the same date, the Investigation Officer recorded the statement of eye-witness under S.161, Cr.P.C.---Complainant and eye-witness were real sons of the deceased persons---Witnesses were residents of the vicinity and they had given a plausible explanation for their presence at the spot at the relevant time---Medical evidence was in complete harmony with the ocular testimony of the complainant and eye-witness---No conflict could be pointed out to create a dent in the prosecution case---Medical evidence of the deceased and injured was produced by Medical Officer, who examined the dead bodies of the deceased, according to which the male deceased received three injuries of firearms and female deceased received one injury of fire-arm---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, some mitigating circumstances were found, thus while maintaining the convictions, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

ABDUL NASIR vs State Ss — 2023 YLR 107 QUETTA-HIGH-COURT-BALOCHISTAN

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