Abdul Aziz vs State Ss — 2025 PCrLJ 1205 QUETTA-HIGH-COURT-BALOCHISTAN

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Abdul Aziz VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Infirmities---Accused were charged for committing murder of the brother of complainant by firing---Admittedly, complainant and eye-witness had not seen the appellant and others firing at the deceased---Complainant had categorically stated that after hearing fireshots he came out of his house and merely saw assailants including the appellant having firearms in their hands, but did not state to have seen them making firing upon his deceased brother---Medico-Legal Certificate showed that there was one entry wound on the lower end of the left ear, making an exit at the back of the right shoulder, which showed that neither all the nominated six accused persons had fired nor the assailants repeated the fireshots---Had the assailants repeated the fireshots, the deceased would have received multiple fire wounds, which showed that the occurrence had not taken place as narrated by complainant---Complainant seemed to have witnessed none of the assailants and had exaggerated the occurrence by nominating the appellant, which demonstrated that he had not brought the law into motion with clean hands---Conduct of complainant was also contrary to natural conduct as he allegedly took the deceased to the levies station rather than to the hospital and his presence became more doubtful, when his name did not appear in the MLC amongst the persons who brought the deceased to the hospital nor his presence was shown by any witness in the hospital---Scrutiny of testimony of complainant showed that he was not present at the crime scene and witnessed no one making fire upon the deceased or witnessing them making their escape good from the crime scene---Appeal against conviction was allowed, in circumstances.

Abdul Aziz vs State Ss — 2025 PCrLJ 1205 QUETTA-HIGH-COURT-BALOCHISTAN

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