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

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ASFAND YAR VS State Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Statements of injured 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---Record showed that both the injured witnesses had not supported their earlier statements, thus were declared hostile---According to one of the injured witnesses, at the relevant time, his sons quarrelled with each other and made firing upon themselves---Said injured witness showed her ignorance as to who was the aggressor---Though, said witness was declared hostile, but still her statement was supporting the case of prosecution to the extent of dispute, quarrelling and making firing, which confirmed that the assailant was the accused---Other injured witness fully disowned his earlier statement and stated that the same was self-recorded by the police---Two sons of injured lady had been murdered and the assailant was her third son, thus after losing her two sons, said witness would certainly not lose her third son and alike was the situation with the other injured, who had lost his two brothers, hence, it was the sole reason that they had disowned their earlier versions and supported the defence version---Prosecution had established the presence of the accused in armed condition in the house as well as proved the presence of natural witnesses in the house---Injured witnesses did not support each other being resiled witnesses---Injured witness admitted in cross-examination that he was injured and shifted to hospital for treatment, he also admitted that he had pardoned the accused to his extent---Such admissions of the said injured witness supported the version of the prosecution---Circumstances established that the prosecution had proved its case against the accused, however, while maintaining the conviction, death sentence was con-verted into imprisonment for life---Appeal was dismissed with said modification in sentence.

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

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