Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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Zohaib Ahmad VS State Ss. 302(b), 324, 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly, act of terrorism---appreciation of evidence---Minor discrepancies, in evidence---Inconsequential---accused were charged that they made firing upon the complainant party, due to which two persons died and many others including Police Officials sustained firearm injuries---Unnatural death of deceased persons had also been proved rather not disputed and the perusal of the Medico-Legal Certificates revealed that the injuries on the persons of deceased were of firearm, therefore medical evidence also supported the ocular account---Moreover, there were some discrepancies with regard to injuries in medical and ocular evidence but they were minor in nature---Not only the occurrence was of day light but the parties were already known to each other, therefore the question of mis-identification did not arise---Prosecution case had further been supported by recovery of sixteen firearm empties from the place of occurrence, blood stained earth and garments of deceased and injured persons and supportive Medico-Legal evidence---Prosecution relied on the recovery of the crime weapons, which were allegedly recovered on the pointation of the appellants and subsequently matched by the Forensic Sciences Laboratory (FSL) with the crime empties recovered from the crime scene---However, there were some legal flaws and discrepancies with regard to recovery and subsequently sending the same collectively to the Forensic Science Laboratory, yet if the same was kept out of consideration as it did not improve the defence case, as all the eye-witnesses of the occurrence, whose presence at the place of occurrence had not been disputed, had fully implicated them with role of firing upon both the deceased and also upon the injured persons---Positive chemical reports showed that the blood gathered at the scene was human blood---all the witnesses were consistent in their evidence and even if there were some contradictions in their statements, same were minor in nature and not material so as to affect the prosecution case---Evidence of said witnesses provided a believable corroborated unbroken chain of events---Circumstances established that the prosecution had been able to prove its case against the accused beyond reasonable doubt, however the judgment passed by the Trial Court to the extent of S.7(1) (a), (b) & (g) of the anti-Terrorism act, 1997, was set aside being not proved---Consequently, with the said modification, the appeal against conviction filed by the appellants was dismissed, accordingly.

Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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