Hotak alias Sapak vs State Ss — 2025 MLD 139 QUETTA-HIGH-COURT-BALOCHISTAN

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Hotak alias Sapak VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died whereas two other sustained fire arm injuries---Complainant testified that on 27.06.2022 at 9:00 am under the supervision of deceased, he along with ten officials went to the house of accused in order to arrest him, who was an absconder in a murder case; where despite warnings the accused did not surrender and fired at deceased, who received firearm injuries and later succumbed---Said witness also testified that the accused was accompanied by an unknown co-accused, who also made firing and that due to his firing, two persons also received firearm injuries, whereafter the accused and co-accused succeeded to flee away---Complainant was cross-examined at length, but he remained firm and consistent to his examination-in-chief---Injured witnesses and an eye-witness testified in line with the deposition of complainant---Statements of said witnesses had been found to be natural, confidence inspiring and truthful by the Trial Court as well as by the High Court, which by all means coincided with the prosecution version, and there was also no reason for false implication on their part---Despite lengthy cross-examination, injured and eye-witness remained consistent to their statements and no favorable answer could be extracted in favor of the accused, thus it could be concluded that their testimony went unshaken---Said eye-witnesses had proved their presence on the crime scene, revealing the entire episode of the murder of deceased---Medico Legal Certificates produced by Medical Officer confirmed the unnatural death of deceased caused by firearm and injuries sustained by injured persons---Even otherwise, the unnatural death of the deceased and firearms injuries sustained by levies personnel had not been disputed by the defence---Circumstances established that the prosecution had successfully brought home the charge without any glimpse of doubt against the accused, however, due to mitigating circumstances, death sentence was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances.

Hotak alias Sapak vs State Ss — 2025 MLD 139 QUETTA-HIGH-COURT-BALOCHISTAN

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