WAQAS MASIH alias SANWAL vs State Ss — 2023 YLR 1988 QUETTA-HIGH-COURT-BALOCHISTAN

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WAQAS MASIH alias SANWAL VS State Ss. 302(b) & 336-B---Qatl-i-amd, hurt caused by corrosive substance---Appreciation of evidence---Accused was charged for committing murder of the son of complainant by sprinkling acid on him, which resulted into burning of his face, chest and legs and later on he succumbed to his injuries---Criminal law was brought into motion by the father of the deceased, who fully corroborated his earlier statement as contained in his fard-e-bayan---Said witness in his Court statement narrated the whole story with regard to the receipt of acid burn injuries disclosing the facts involved behind the incident by his deceased son, who was injured at the relevant time---Though complainant was not an eye-witness of the incident, but he narrated that story, which was deposed to him by the then injured son, which was further corroborated by the statements of eye-witness and Medical Officer, which fact had further been strengthened by the statement of the real mother of accused, who in her statement under S. 161, Cr.P.C., deposed that on the fateful day, she was taking rest in the lower floor, and on hearing hue and cry on the roof, she went there and saw that her son/accused and deceased were quarreling with each other and some acid also got sprinkled on her---Bottle of the acid was in the hand of accused and due to sprinkling of acid accused and deceased became injured---Accused stopped after seeing his mother, but deceased and his companion/eye-witness escaped---Mother of accused had shown her ignorance about the incident with respect to the reason due to which they were quarreling---However, mother of accused was dropped and was not produced as a witness---Thus, a question arose in a prudent mind that since the said witness was the real mother of the accused and due to love and affection, she might have refused to give a statement against her real son---Thus, non-production of such witness in the Court would not affect the case of the prosecution---Appeal against conviction was dismissed accordingly.

WAQAS MASIH alias SANWAL vs State Ss — 2023 YLR 1988 QUETTA-HIGH-COURT-BALOCHISTAN

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