Akhtar Ali vs State S — 2024 YLR 2554 QUETTA-HIGH-COURT-BALOCHISTAN

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Akhtar Ali VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Improvements made by witnesses---Scope---Accused persons were charged that they made firing upon the complainant party, due to which nephew of the complainant was hit and died whereas another person sustained firearm injuries---Motive was stated to be a prior exchange of harsh words between complainant and his nephew with the accused persons---Witnesses had affirmed and corroborated the same story as narrated by complainant and injured witness---Both of them stated that on 26.03.2021 after hearing fire shots, when they reached the crime scene, they had seenthree accused persons armed with Kalashnikov, 223 rifle and TT pistol respectively, who made firing upon deceased, due to which he received firearm injuries and that the complainant tried to apprehend them, but on account of firing of unknown culprit other accused sustained firearm injuries and fell down on the ground---Testimony of said two witnesses demonstrated that though they arrived at the crime scene, but it could not be believed that they had seen the accused making fireshots because in view of the statements of complainant and injured a lot had happened before their arrival, thus their depositions seemed a bit exaggerated, whereupon explicit reliance would not be safe---However, thetestimony of said witnesses regarding remaining facts was relevant and confidence inspiring, particularly, regarding apprehension of accused, who was found injured and their attempt to chase and apprehend the other culprits---Appeal to the extent of accused persons "MA and AA" was dismissed and the conviction and sentence awarded to them was maintained, whereas the appeal to the extent of accused "GY" was allowed and he was acquitted of the charge, in circumstances. Citation Name: 2024 YLR 2554 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Akhtar Ali VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence and crime empties---Whether corroborative piece of evidence---Accused persons were charged that they made firing upon the complainant party, due to which nephew of the complainant was hit and died whereas another person sustained firearm injuries---Prosecution had been successful to prove the recovery of Kalashnikov made from accused "MA", TT pistol from accused "GY" and rifle 223 from accused "AA", whereof separate FIRs had been lodged for violating S.13(e) of the Arms Ordinance, 1965---Question remained as to whether the recovered crime weapons could be considered as a corroborative piece of evidence in the present case or otherwise---Prosecution though had procured a positive Forensic Science Laboratory Reports, pertaining to the recovered firearms and empties secured from crime scene vide recovery memo, but the same could not be relied upon because the prosecution had sent the said crime weapons recovered from them with empties together, which had diminished its evidentiary value---Rifle 223 recovered from accused "AA" had also matched with the empties as per Forensic Science Laboratory Reports, which though were sent together but both were secured on the day of occurrence, thus, the trial Court had rightly appreciated the same to be the crime weapon, having worth of reliance as an incriminating piece of evidence---Appeal to the extent of accused persons "MA and AA" was dismissed and the conviction and sentence awarded to them was maintained, whereas the appeal to the extent of accused "GY" was allowed and he was acquitted of the charge, in circumstances. Citation Name: 2024 YLR 2554 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Akhtar Ali VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Medical evidence supported ocular account---Accused persons were charged that they made firing upon the complainant party, due to which nephew of the complainant was hit and died whereas another person sustained firearm injuries---Medico-Legal Certificate of deceased confirmed the ocular account that deceased received firearm wound, which culminated into his death---Similarly Medico-Legal Certificate of injured witness also coincided and affirmed the lacerated wound on his skull---Defence neither disputed the unnatural death of the deceased with firearm nor the injuries to the accused---Injuries sustained by one of the accused persons had also been confirmed by Medico-Legal Certificate---Appeal to the extent of accused persons "MA and AA" was dismissed and the conviction and sentence awarded to them was maintained, whereas the appeal to the extent of accused "GY" was allowed and he was acquitted of the charge, in circumstances. Citation Name: 2024 YLR 2554 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Akhtar Ali VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account proved---Accused persons were charged that they made firing upon the complainant party, due to which nephew of the complainant was hit and died whereas another person sustained firearm injuries---Critical analysis of the ocular account furnished by complainant, injured and two other witnesses appeared to be trustworthy and confidence inspiring, which had been confirmed by the medical evidence and recovery of rifle 223 of accused "AA", leading to believe that the prosecution had irresistibly proved the indictment against the accused persons "MA and AA", having been appreciated well by the trial Court except relying upon the recovery of crime weapon recovered from accused "MA and GY" and Forensic Science Laboratory Reports thereof and holding guilty accused "GY" on the basis of supplementary statement---Prosecution had fallen short in proving the indictment of murder of deceased against accused "GY" for manifold reasons---Undeniably, at the time of lodging FIR and recording statements on the fateful day neither the complainant nor any other witness nominated accused "GY" or gave any description in order to subsequently identify him in a formal test of identification parade---Prosecution also did not carry identification parade of accused "GY", thus identification in the Court would not be safe to rely upon and hold him guilty of the charge as the prosecution witnesses had ample opportunity to see him in Court premises during trial---Accused "GY" was nominated for the first time on 31.03.2021 through an affidavit, referring to a delegation accompanied by him for reconciliation, which was nothing but a supplementary statement---Such supplementary statement has always been deprecated by the Supreme Court, considering the same to be afterthought, carrying no evidentiary worth of appreciation---Appeal to the extent of accused persons "MA and AA" was dismissed and the conviction and sentence awarded to them was maintained, whereas the appeal to the extent of accused "GY" was allowed and he was acquitted of the charge, in circumstances.

Akhtar Ali vs State S — 2024 YLR 2554 QUETTA-HIGH-COURT-BALOCHISTAN

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