MIR ZAMAN ALIAS MUHAMMAD ALAM vs STATE Ss — 2026 PCRLJ 486 QUETTA-HIGH-COURT-BALOCHISTAN

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MIR ZAMAN ALIAS MUHAMMAD ALAM VS STATE Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Accused were charged for committing murder of the brother of complainant by firing and also causing firearm injuries to the complainant and a passerby---Case of complainant was that on the fateful day, he, his brother and son came to attend proceedings of a criminal case, where their opponents i.e., appellants and one unknown culprit were also present and that at 10:20 am, when they left the Court and reached near "A" Motors, appellant made indiscriminate firing at their back, due to which two bullets hit his deceased brother's right thigh, whereas he received a bullet on his right leg and that a passerby also received a bullet injury on his right leg---Nonetheless, complainant's deceased brother succumbed to the injuries due to excessive bleeding---Complainant further averred that earlier on 15.02.2018, a dispute arose between the parties due to which criminal case was registered at Police Station, thus the appellant and co-accused persons having anguish of an old animosity, launched attack upon them---Despite lengthy cross-examination, complainant remained firm and consistent to his examination-in-chief, thus his statement went unshaken, which sounds natural, confidence inspiring and truthful---Son of complainant appeared as witness, his statement was in line with the statement of complainant and reiterated what complainant had stated---Said witness was cross-examined at length, but the defence failed to shatter his testimony as he remained firmed and consistent to his examination in chief, thus his testimony went un-shattered---Presence of the said witnesses had been found to be natural, who had no reason to falsely implicate the appellant---Defence had failed to bring anything on record to establish false implication or substitution of the real culprits with the appellant---Injured witness testified that on 09.05.2018, he went to Faisal Bank, with his wife, where whilst returning, suddenly firing started and that a bullet hit his left leg and he got injured, thus he was taken to the Civil Hospital---Later on, he came to know that a person had made firing due to some enmity, which resulted into death of a person---Although, injured witness did not identify any of the culprit, but importantly he did not deny the occurrence, thus his statement did not put any dent to the case of the prosecution, rather confirmed the occurrence---Presence of the eye-witnesses had been established and their testimonies had gone un-shattered, which by all means inspired confidence and truthful as the injuries sustained by complainant and passerby proved their presence at the place of occurrence, more particularly, when the medical evidence corroborated the ocular account, nature, time and locale of injuries sustained by deceased and the said Injured witnesses---Circumstances established that the prosecution had proved the indictment to the hilt without any glimpse of doubt---Appeal against conviction was dismissed, accordingly.

MIR ZAMAN ALIAS MUHAMMAD ALAM vs STATE Ss — 2026 PCRLJ 486 QUETTA-HIGH-COURT-BALOCHISTAN

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