Case Details

Citation(s)
2018 SLG 2416 2018 SLD 2416 2018 PCRLJ 1595

Cr. A. s Nos. (S)63 of 2016, (S)7 and (S)15 of 2018, decision Dated: 12-03-2018. Hearing Date : 23-02-2018.
ABDULLAH BALOCH, JUSTICE NAZEER AHMED LANGOVE, JUSTICE
Ahsan Rafiq Rana for Appellants (in Cr. A. No. (S) 63 of 2016). Muhammad Nasir Marri for Appellants (in Cr. A. No. (S) 7 of 2018). Hasnain Iqbal Minhas for Appellants (in Cr. A. No. (S) 15 of 2018). Jamil Akhtar Gajani, Additional P.G. for the State. Abdul Jalil Lehri for the Complainant.

ALLAH BAKHSH AND OTHERS

VS

THE STATE

Law:

Section: 147,148,149,302(c),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(c), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Medical evidence---Scope---Prosecution case was that accused party had made indiscriminate firing at the son of the complainant, due to which he died at the spot, while friend of deceased and a lady sustained bullet injuries---Medical Officer, who conducted post-mortem of deceased, found multiple firearm injuries on his person---Investigating Officer also examined the deceased and prepared the inquest report and confirmed that the deceased had received bullet injuries on his person---Said Medical Officer also examined the injured and found a firearm wound on left leg above the ankle joint lateral calf muscle---Female Medical Officer examined the injured lady and found dual entrant bullet injuries on the left side of chest and right lower leg and exit wound on the back of the chest and back of right leg---Medical evidence had not only confirmed the unnatural death of deceased, but also the receiving of bullet injuries by the two injured, which supported the ocular account. (b) Penal Code (XLV of 1860)--- ----Ss. 302(c), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Ocular account---Prosecution case was that the accused party made indiscriminate firing at the son of the complainant, due to which he died at the spot, while friend of deceased and a lady sustained bullet injuries---Initially, case was tried by the Anti-terrorism Court and thereafter, was transferred to ordinary criminal court---Prosecution had produced four eye-witnesses including complainant and injured lady---Complainant reiterated the contents of his fard-e-bayan---Eyewitness corroborated the statement of complainant on all counts with regard to their arrival at place of occurrence, arrival of accused persons armed with T.T. pistol, made firing upon the deceased and his friend on the allegations of siyakari and thereafter they went to their house and made…
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