Malook Khan vs State S — 2024 YLR 2571 Gilgit-Baltistan Chief Court

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Malook Khan VS State S. 302(b)---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, possessing illicit weapon---Appreciation of evidence---Ocular account proved---Accused was charged for committing murder of deceased by firing---Witness who lodged the FIR had verified the same---Statement of said witness on record remained unquestioned and unchallenged on material points---Said witness during cross-examination remained consistent with statement as narrated in the FIR---First Information Report lodger with specific reference of his presence at the place of occurrence had narrated the true picture of the occurrence---Said witness had categorically claimed that he had seen the convict at the place of occurrence making the fatal shot on the deceased and death of the deceased instantly there at the place of occurrence---First Information Report lodger had categorically stated about his prompt action soon after the occurrence and defence had failed to shatter his statement even on trivial points---Other evidence on record was the ocular account rendered by a witness---Said witness about 47 years of age having reasons for his presence at the place of occurrence, had categorically charged the convict for pulling the trigger of his handgun and mentioned the manner in which the deceased reacted and that the shots proved fatal on the spot, resulting into instant death of the deceased---Said witness had verified the presence of FIR lodger at the place of occurrence and his reaction soon-after the occurrence---Defence had failed to discredit the truthfulness of his statement or occurrence---During cross-examination the defence line of questioning itself spoke that it had nothing in its hands to confront the same with the said witness---Other material witness of the occurrence was about 40 years old and he had stated the reason of his presence at the place of occurrence---Said witness claimed that he saw the occurrence when the convict opened fire from his backside and the deceased fell down on the ground---During cross-examination, the defence failed to discredit the testimony of said witness---All the three eye-witnesses had narrated the true facts and there was not the slightest contradiction in their statements---Police witness who had arrested the convict on the spot with the crime weapon had no reasons to depose falsely against the convict---Presence of said witness on the spot of occurrence was never disputed by the defence---Other witness had explained the reason of his being there on the spot of occurrence---Said witness had verified the presence of FIR lodger at the place of occurrence---Appeal against conviction being meritless was dismissed, in circumstances.

Malook Khan vs State S — 2024 YLR 2571 Gilgit-Baltistan Chief Court

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