Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH vs State Medical evidenc

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Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Medical evidence--- Scope--- Medical evidence confirmed the ocular account---Though the medical evidence confirmed the nature of death and kind of weapon used but could not be discarded without any reason. Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Prosecution witnesses closely related to the deceased, testimony of---Mere relationship with deceased or injured could not discredit a witness unless his evidence did not inspire confidence---Interested witness was one who had motive for falsely implicating the accused---Friendship or relationship with the deceased would not be sufficient to disbelieve the witnesses---If defence alleged that the witnesses had implicated the accused falsely, the defence had to prove the allegation---Merely on the basis of bald assertion the testimony of material witnesses could not be discarded. Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive was not proved---Scope---Accused party was charged for making indiscriminate firing upon the complainant party, due to which two persons died whereas two were injured---Motive behind the occurrence was demolishing the Burma by tractor---Record showed that the complainant alleged the motive for occurrence but there was no evidence on record to prove that the accused had demolished the Burma by tractor---No tractor was taken into possession---Investigating Officer had not produced any witness to the effect whether the complainant party had a Burma---Witnesses alleged that accused and three others had made indiscriminate firing by automatic weapons but only ten casing of Kalashnikov were recovered from the place of occurrence during site inspection---Prosecution had not alleged that there existed previous enmity between the parties---Circumstances established that the prosecution had proved its case against the accused persons, however death sentence was converted into imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Witness--- Contradictions in the statements of witnesses--- Scope---Contradictions would be considered fatal for the prosecution case which materially affect the ocular account. Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Recovery of crime weapon---Scope---Recovery of crime weapon is not considered as mandatory requirement of law---Recovery of crime weapon being circumstantial or corroborative piece of evidence only tended corroboration to the other pieces of evidence---Ocular testimony could not be disbelieved merely on non recovery of crime weapon. Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Scope---Accused party was charged for making indiscriminate firing upon the complainant party, due to which two persons were died whereas two become injured---Record showed that there was no previous enmity between the parties---Circumstances of the case unequivocally suggested that the occurrence had taken place at the spur of the moment without any premeditation on the part of the accused persons---Conviction under S.302(b), P.P.C. was upheld and sentence of death was converted into imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Ocular account---Scope---Accused party was charged for making indiscriminate firing upon the complainant party, due to which two persons died whereas two were injured---Prosecution, in order to substantiate the accusation examined four witnesses as ocular witnesses including complainant and injured witnesses---Said witnesses in their statements had narrated the details of alleged occurrence---Witnesses in their testimonies stated that deceased received bullet injuries fired by accused---Said witnesses had also ascribed specific role of causing danda and bullet injuries to deceased by other accused and absconding accused---Deceased and injured sustained bullet injuries as a result of firing made by accused---Presence of witnesses at the spot could not be doubted which otherwise was never challenged during cross-examination---Defence failed to point out any reason for non-believing the straight forward testimonies of eye-witnesses--- Statements of prosecution witnesses were completely Unisom on material point---Defence had not denied unnatural death of deceased and injuries sustained by injured witnesses---Son and brother of deceased let free the real culprit and involved an innocent person for committing murder of their beloved ones could not be believed---Occurrence took place in broad daylight---Parties were known to each other and there was no question of mistaken identity---Ocular witnesses firm during cross-examination---Witnesses ascribed specific role to accused persons and absconding accused--- Accused persons with absconding accused with common intention assaulted the complainant party due to which two persons lost their lives and two sustained injuries---First Information Report was registered promptly with nomination of the accused persons and absconding accused---Circumstances established that the prosecution had proved its case against the accused persons, however death sentence was converted into imprisonment for life---Appeal was dismissed with said modification in sentence.

Citation Name: 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASMATULLAH vs State Medical evidence — 2023 YLRN 8 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported