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---Natural witnesses, evidence of---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---Record showed that the three injured eye-witnesses were all Police Officials who were not related to the complainant to depose falsely---Presence of said witnesses at place of incident had been clearly established by their injuries---Each injured had identified the appellants as being involved in indiscriminate firing which resulted in injuries to them, as well as, the murder of two persons---Consequently, the testimonies of injured witnesses could not be discarded; they had seen the appellants with firearm weapons and making fire at them and deceased; they identified the appellants in Court through their evidence and they corroborated the complainant and other injured eye-witnesses in all material aspects---Police witnesses were as reliable as any other witness unless any ill will or enmity had been attributed to them which had not been done in this case---Three other injured eye-witnesses of the occurrence also implicated all the appellants with indiscriminate firing and their statements along with other eye-witnesses were confidence inspiring, which stood substantiated from the circumstances and other evidence---Thus, it was found that the evidence of eye-witnesses was fully corroborative and reliable, trustworthy and confidence inspiring especially in terms of correctly identifying the appellants as some of the persons who committed the murder of the deceased and injured the others---Said witnesses were subjected to very lengthy cross-examination but nothing material could be brought out nor any dent could be created in their evidence, they stood firm and their veracity could not be shaken---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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