Shahzad Hussain vs State Ss — 2024 PCrLJ 1383 Gilgit-Baltistan Chief Court

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Shahzad Hussain VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of witnesses at the time and place of occurrence established---Accused were charged for committing murder of the brother of complainant---According to the complainant, after failure of his mediation attempt between the family of wife of accused and deceased, the second part of the occurrence happened when the accused party consisting of twenty persons assaulted the deceased at the place of occurrence---Complainant had claimed his presence at the place of occurrence at the relevant time---Complainant in his statement before the Court had explained the fine details of the occurrence---In his statement, complainant had explained how the accused were duly armed with weapons; the presence of mob consisting of hundreds of people; how the accused party intercepted the deceased; how the deceased escaped from the hands of accused; how the mob/crowd remained as silent spectator; how he was restrained by the mob/crowd from interfering in the violent episode; how the deceased tried to escape from the clutches of accused party; how he failed in his attempt and how the accused party finished their task at the outer entrance of the house of a witness---Complainant had verified his application (fard bayan) and had verified the contents and his signature over the FIR---In his statement complainant had categorically charged the convict and deceased accused for making the fatal shots at the deceased at the place of occurrence, i.e., the outer entrance of house of a witness---Complainant had verified the presence of convict and other accused by specifically mentioning their names---During cross-examination complainant stood consistent and there was no material contradiction---Defence had failed to shatter the statement of complainant on material points---Other eye-witness/cousin of the deceasedwas the resident of the same locality and had verified the motive behind the occurrence---Said witness had stated about his presence at the place of occurrence and had verified the presence of deceased in the shop of a tailor, when the accused party assaulted the deceased---Said witness had verified the place of occurrence and had named the incumbents of accused party---During cross-examination, said witness had verified the presence of complainant and witness at the place of occurrence---Another witness who was a resident of same locality identified all the five accused during his Court statement---Said witness had categorically stated that when the mob/crowd tried to save the deceased, convict pointed his weapon towards the crowd---Said witness had categorically charged the convict and other accused, since dead, for actually committing the murder of deceased---Tailor master stated that from his shop, the accused party intercepted deceased and he verified the occurrence---During cross-examination, said witness had verified the arrival of convict at the place of occurrence and his inquiry about the presence of deceased ---Said witness had verified the occurrence committed at the said place and the fire shots---Appeal against conviction being meritless was dismissed, in circumstances.

Shahzad Hussain vs State Ss — 2024 PCrLJ 1383 Gilgit-Baltistan Chief Court

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