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

Case information

Citation: 2023 YLR 1988 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: WAQAS MASIH alias SANWAL vs State Ss
Subject matter: Criminal
Provisions referred to: S. 340; S. 161

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAQAS MASIH alias SANWAL VS State Ss. 302(b) & 336-B---Qaun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, hurt caused by corrosive substance---Appreciation of evidence---Defence plea---Scope---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---In the present case, one person appeared as defence witness and while deposing diverted the angle of the prosecution story, which was narrated by the accused in his statement under S. 340(2), Cr.P.C.---According to the statements of accused and defence witness the acid was sprinkled on deceased and he was seriously injured and defence witness took them to hospital and while leaving them on the main gate, he went from there---Keeping their statements in juxtaposition with the medical evidence and the statement of mother of accused, recorded under S.161, Cr.P.C, which did not corroborate their version, as such, their statements could not be believed---Nothing on record was available to show any previous enmity between the accused and complainant except the allegation that the then injured used to talk to his sister-in-law on mobile, which allegation was refuted by the then injured and despite that, the accused threw acid on the deceased---Appeal against conviction was dismissed accordingly.

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