Pervaiz vs State Ss — 2025 PCrLJ 1246 QUETTA-HIGH-COURT-BALOCHISTAN

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Pervaiz VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for making firing upon the brother of complainant and his friend, due to which brother of complainant died---Complainant was not an eye-witness of the occurrence---However, complainant lodged the FIR promptly without any delay---Appellant was nominated in the FIR with a specific role that he allegedly fired upon the deceased and injured his friend---Complainant was informed by his brother, who appeared before the Court as eye-witness and deposed in his statement that on 04.10.2019 at 7:00 pm, he, along with his brother/deceased, injured and another person were present at hillside; that in the meantime, appellant and one acquitted accused riding on a motorcycle, and other acquitted accused persons were in a car came to the spot; that appellant pulled out a pistol and fired upon his brother and his friend, who received injuries; that appellant also made firing upon him, but he remained unhurt on the spot and did not receive any injury---Statement of said witness further corroborated with the statement of injured, in all particulars---Said witnesses attributed the role of firing to the appellant upon the deceased and injured---Said witnesses gave consistent, straightforward ocular accounts of the occurrence---Presence of the said witnesses on the spot was also proved---On the same date, the Investigation Officer also recorded their statements under S.161, Cr.P.C.---Presence of injured witnesswas also established on the spot of occurrence on the basis of injuries received by him, which was confirmed by Medical Officer, who produced a medical certificate of the injured, according to which the injured received injuries by means of a firearm---Injured witness was neither related to the deceased nor inimical toward the appellant---Said prosecution witnesses were subjected to lengthy cross-examination by the defense but nothing favorable to the appellant or adverse to the prosecution could be brought on record---Said witnesses had given all necessary details qua the date, time, place, name of the accused, the manner of the occurrence, the kind of weapon used in the occurrence, and the locale of injuries---Said witnesses remained consistent on each and every material point in as much as they made deposition according to the circumstances that surfaced in the case, therefore, it could safely be concluded that their testimonies were reliable, straightforward and confidence-inspiring---Circumstances established that the prosecution had been successful in proving its case against the appellant beyond a reasonable doubt---Appeal against conviction was dismissed accordingly.

Pervaiz vs State Ss — 2025 PCrLJ 1246 QUETTA-HIGH-COURT-BALOCHISTAN

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