Citation Name: 2024 YLR 1188 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case GHULAM RASOOL alias MAH KHAN vs S

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Citation Name: 2024 YLR 1188 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case GHULAM RASOOL alias MAH KHAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account---Natural witnesses---Accused was charged for committing murder of the father and brother of the complainant---Prosecution's case primarily rested on ocular testimonies of the complainant, and three other witnesses---All the said witnesses stated in their statement that on 25.12.2021 at 1:45 p.m., the accused armed with a pistol fired upon victims, who received injuries and later on succumbed to the injuries---Accused was the nephew of one deceased and cousin of other deceased---Record showed that the accused, the deceased and witnesses resided in one house---First Information Report was lodged on the written report of complainant promptly without any delay---Appellant was the only nominated accused in the FIR lodged by the complainant---Accused had been attributed the role of effective firing upon the deceased---Complainant was an eye-witness of the occurrence---Complainant stated during cross-examination that he was also present at the place and time of occurrence---Said witnesses had given detailed accounts of the incident---Said witnesses were natural witnesses of the occurrence, and being inmates of the house, they were supposed to be present there---Presence of witnesses in the house in the given circumstances could not be doubted---Defense, despite lengthy cross-examination, could not shatter their trustworthy evidence---Not a single suggestion had been put to the said witnesses of sparing the real culprits and substituting him with the accused---No previous enmity, or ill will was attributed to the said witnesses---Defense had not challenged the time, the venue, and the manner of occurrence nor alleged any motive to rope in the accused in the case of capital punishment---Record showed that the prosecution had proved its case against the accused however, due to mitigating circumstances the death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

Citation Name: 2024 YLR 1188 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case GHULAM RASOOL alias MAH KHAN vs State S — 2024 YLR 1188 QUETTA-HIGH-COURT-BALOCHISTAN

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