Citation Name: 2024 MLD 984 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Nadir vs State Ss

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Citation Name: 2024 MLD 984 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Nadir VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of the witnesses at the time and place of occurrence proved---Accused were charged for committing murder of the brother of the complainant by firing---Complainant reiterated the contents of FIR---Statement of complainant had fully been corroborated by three other witnesses---All the three witnesses stated the same story as uttered by the complainant---All the three witnesses recorded their statements in line with each other by mentioning all the details of occurrence and justified the presence of each other at the relevant time---Complainant and two other witnesses being officials/employees were proceeding to their duties in the Rickshaw of a witness, thus the presence of all the four witnesses at the place of occurrence was natural---All the three witnesses confirmed that on the morning of occurrence, they were travelling in the same Rickshaw, when they were intercepted by the accused persons absconding and two unknown accused persons, along with the deceased and witnesses alighted from the Rickshaw; the deceased was separated and killed by means of firearms---Witnesses were the residents of same vicinity and identified each other with their names and cast and not only the said witnesses named the accused persons in their statements recorded under S.161, Cr.P.C. during investigation, but also identified the accused persons in the Trial Court as the assailants of deceased---Brutal murder of deceased was committed in presence of witnesses by the accused persons, who being residents of same area knew each other prior to commission of crime, thus there were no chance of mistaken identity of the accused by the witnesses, more particularly when the occurrence had taken place in an open area under the sun light---Accused persons had also failed to establish their false implication due to previous enmity or personal grudge---All the four witnesses correctly stated the date, time, place of occurrence and the manner in which the accused were present at the site and caused the murder of deceased by means of firearms---All the witnesses were cross examined at sufficient length, but nothing advantageous or beneficial had come on record in favour of the defence---Evidence of witnesses appeared to be trustworthy, reliable, confidence inspiring and free from any prejudice or mala fides---Thus, there was no reason to disbelieve or discard the statement of four eye witnesses---Statements of four direct witnesses were enough to establish the charge against the accused persons---Appeal against conviction was dismissed, in circumstances.

Citation Name: 2024 MLD 984 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Nadir vs State Ss — 2024 MLD 984 QUETTA-HIGH-COURT-BALOCHISTAN

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