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ASFAND YAR vs State Ss — 2023 YLR 824 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 YLR 824 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
YLR
Parties
ASFAND YAR vs State Ss
Subject matter
Criminal

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

ASFAND YAR VS State Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Related and interested witnesses---Scope---Accused was charged for making firing upon his brothers and mother, due to which his two brothers died, while his mother and one brother sustained firearm injuries---Unnatural violent death of deceased and causing bullet injuries to injured persons were not disputed by the defence---Thus, under the circumstances complainant and dwellers of the house, could not be termed to be interested witnesses---More particularly, the husbands of said dwellers of the house as well as the brother of complainant were murdered in a brutal manner, thus the presumption of false implication of accused being the member of same family was not acceptable to a prudent mind---Beyond imagination that the witnesses might falsely implicate a family member for the murders of the blood relations---Accused, throughout the proceedings had not taken any justifiable explanation with regard to his false implication nor brought any ill-will or ulterior motives for his false implication by the witnesses and specially against the said dwellers of the house, who being natural witnesses directly witnessed the crime---Circumstances established that the prosecution had proved its case against the accused, however, while maintaining the conviction, death sentence was converted into imprisonment for life---Appeal was dismissed with said modification in sentence.

Other judgments reported in 2023 YLR

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