Abdul Aziz vs State Ss — 2025 PCrLJ 824 QUETTA-HIGH-COURT-BALOCHISTAN

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Abdul Aziz VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Accused was charged for committing murder of his father-in-law/complainant and causing injuries to his mother-in-law---No denial of the fact that witnesses were related to the deceased---Related witness could not be termed as an interested witness under all circumstances---Related witness could also be a natural witness---If an offence was committed within the presence of the family members, they assumed the position of natural witnesses---In case the evidence of related witnesses was reliable, cogent, and clear, the prosecution case could not be doubted---However, a related witness would become an interested witness when his evidence was tainted with malice, and it showed that he was desirous of implicating the accused by fabricating and concocting evidence, but in the present case appellant could not show anything in that regard---Evidence of an eye-witness who was a near relative of the victim should be closely scrutinized---Appellant could not point out any plausible reason as to why the complainant and witnesses had falsely involved the appellant in the present case and let off the real culprit, who had committed the murder of her husband---Substitution in such like cases was a rare phenomenon---Circumstances established that the prosecution had been successful in proving its case against the appellant beyond a reasonable doubt---However, due to some mitigating circumstances, death sentence was altered to imprisonment for life---Appeal was dismissed with the said modification in the sentence.

Abdul Aziz vs State Ss — 2025 PCrLJ 824 QUETTA-HIGH-COURT-BALOCHISTAN

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