Hotak alias Sapak vs State S — 2025 YLR 295 QUETTA-HIGH-COURT-BALOCHISTAN

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Hotak alias Sapak VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Circumstantial evidence confidence inspiring---Scope---Accused was charged for committing murder of the cousin of complainant by firing---Star witness deposed that on 19.12.2014, while he was talking to the deceased at 9 O' clock in front of her house, suddenly she received a fire shot from nowhere, and succumbed there and then, whereafter people gathered---Said witness also stated that a couple of days back, the accused called him and stated that he would kidnap or murder the deceased---During cross-examination, said witness stated that there was no boundary wall and only a room was there, where the deceased was residing with her family---Another witness stated that on the fateful day, he was logging the woods nearby the place of occurrence, where he had seen the accused with a gun in his hand, who proceeded towards the house of deceased, whereafter at about 9:00 am, he heard fire shots, which were fired by the accused, culminating into the death of deceased---Said witness further stated that when he went to the house of the deceased, he had seen other witness present there at the crime scene, where the deceased was lying in a pool of blood---Despite lengthy cross-examination, the testimony of both the said witnesses could not be shaken as no favorable answer could be extracted to exonerate the accused from the incident---Natural account given by both of the said witnesses inspired confidence and was worth credence, whereof no inference could be drawn that they had falsely implicated the accused, because neither there was any enmity of star witness and other witness with the accused nor there was any reason for them to falsely implicate the accused---Circumstances established that the prosecution had proved the indictment against the accused, however the capital sentence was modified by reducing the same to that of life imprisonment---Appeal was dismissed with said modification in sentence, in circumstances.

Hotak alias Sapak vs State S — 2025 YLR 295 QUETTA-HIGH-COURT-BALOCHISTAN

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