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

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

ASFAND YAR VS State Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account---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---Ocular account of the incident had been furnished by complainant, injured witnesses and dwellers of the house---Complainant in his court statement mostly reiterated the contents of fard-e-bayan and confirmed the presence of accused inside the house, when the occurrence had taken place---Complainant had brought on record that after repeated ring bells, the accused opened the main gate of the house and he found injured his mother and three brothers, however, on query his mother disclosed that the accused by means of pistol injured them---As per assertions of his mother, the complainant nominated the accused in the promptly lodged FIR---Prompt lodging of FIR had ruled out the element of consultation and deliberation---Even otherwise, it was not acceptable for a prudent mind that a person might falsely implicate his own brother leaving scot free the real culprits---Witness was cross-examined at sufficient length, but complainant remained consistent in his view---One of the widows of deceased being dweller of the house where occurrence had taken place appeared as witness, her presence at the relevant time was natural and was beyond any shadow of doubt---Said witness stated that accused made firing upon her husband, due to which he sat down---Statement of said witness was fully supported and corroborated by other widow, who was also the dweller of the said house, where the incident had taken place---Presence of widow in the house was natural and could not be doubted---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.

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

Case information

Judgment text as reported

Other judgments reported in 2023 YLR