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---Case of accused entirely different from that of the acquitted co-accused---Accused was charged for committing murder of his father-in-law/complainant and causing injuries to his mother-in-law---Record showed that the same set of evidence had already been disbelieved by the Trial Court to the extent of two co-accused who, too, had been nominated in the FIR, and the specific allegation had been levelled against both of them---Due to such fact, the prosecution's case was seriously damaged and the appellant was also entitled for such relief---Two co-accused stood acquitted by the Trial Court on 30.12.2020 inter alia on the ground that none of them was carrying firearms and none of them had caused injuries to the deceased and the injured---Appellant was assigned a specific role of causing injuries to the deceased and injured by means of a firearm, and similarly, the other accused were also attributed the general role that they were present at the time of the occurrence---These were reasons which weighed with the Trial Court to record the acquittal of the remaining two accused persons; therefore, stricto-senso it could not be said that the prosecution witnesses were disbelieved to the extent of the acquitted accused persons---Case of the present appellant was entirely different from that of the acquitted co-accused, and it was only the appellant who was carrying a firearm with him---Appellant was nominated in the FIR with the specific attribute of causing injuries to the deceased and injured---Deceased (then injured) succumbed to his injuries, whereas injured survived and appeared in the dock and made a statement in line with the narration of the FIR---Thus, 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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