MUHAMMAD USMAN vs State S — 2025 YLR 857 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD USMAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of his father and mother---Prosecution case primarily rested on the ocular testimony of complainant and three other eye-witnesses, all sons of the deceased and brothers of the appellant---All of them stated in their statements that on 19.07.2021, they were present in their house, at about 3:00 pm when they heard the noise of firing---Said witnesses came out from their rooms where they witnessed the appellant firing at their father and mother and both of them sustained injuries and later on succumbed to the injuries and the appellant fled away from the place of occurrence---Record revealed that the appellant was the only nominated accused in the FIR by the complainant---Appellant had been attributed the role of effective firing upon the deceased persons---All the witnesses had given the ocular account of the incident; they were natural witnesses of the occurrence being inmates of the house and they were supposed to be present there---Presence of said witnesses in the house in the given circumstances could not be doubted---Defense, despite lengthy cross-examination, could not shatter their trustworthy evidence---Not a single suggestion had been put to the said witnesses for sparing the real culprit and substituting him with the appellant---No previous enmity or ill will was attributed to the said witnesses---Defense had not challenged the time of the occurrence, the venue, and the manner of occurrence nor alleged any motive to rope in the accused in a case of capital punishment---Although the deceased persons were the parents of the said witnesses, but mere relationship of the witnesses with the victim would not discard his/her evidence if it was otherwise confidence-inspiring and trustworthy---Medical evidence was in complete harmony with the ocular testimony of said witnesses, and no conflict could be pointed out to create a dent in the prosecution case---Chief Medical Officer, D.H.Q Hospital, produced the medical certificate of the deceased persons, according to which the deceased received injuries by means of firearms---Circumstances established that the prosecution had proved its case against the appellant beyond any shadow of doubt, however, due to mitigating circumstances, the death sentence was altered to imprisonment for life---Appeal was dismissed with modification in sentence.

MUHAMMAD USMAN vs State S — 2025 YLR 857 QUETTA-HIGH-COURT-BALOCHISTAN

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