| Citation(s) |
|---|
| 2018 SLG 1341 2018 SLD 1341 2018 MLD 1033 |
Balochistan High Court
Criminal Appeal No. 187 of 2009 and Murder Reference No. 16 of 2009, decision Dated: 12-06-2017. Hearing Date : 25-04-2017.
MUHAMMAD EJAZ SWATI, JUSTICE, ABDULLAH BALOCH, JUSTICE
Muhammad Aslam Chishti for Appellant (in Criminal ATA Appeal No. 187 of 2009). Raja Abdur Rehman for the Complainant. (in Criminal ATA Appeal No. 187 of 2009). Yahya Baloch, Deputy Prosecutor General for the State (in Crl. ATA Appeal No. 187 of 2009). Muhammad Yahya Baloch, D.P.G. for the State (in Murder Reference No. 16 of 2009). Muhammad Aslam Chishti for
Respondent (in Murder Reference No. 16 of 2009). Raja Abdur Rehman for the Complainant (in Murder Reference No. 16 of 2009).
Criminal Appeal No. 187 of 2009 and Murder Reference No. 16 of 2009, decision Dated: 12-06-2017. Hearing Date : 25-04-2017.
MUHAMMAD EJAZ SWATI, JUSTICE, ABDULLAH BALOCH, JUSTICE
Muhammad Aslam Chishti for Appellant (in Criminal ATA Appeal No. 187 of 2009). Raja Abdur Rehman for the Complainant. (in Criminal ATA Appeal No. 187 of 2009). Yahya Baloch, Deputy Prosecutor General for the State (in Crl. ATA Appeal No. 187 of 2009). Muhammad Yahya Baloch, D.P.G. for the State (in Murder Reference No. 16 of 2009). Muhammad Aslam Chishti for
Respondent (in Murder Reference No. 16 of 2009). Raja Abdur Rehman for the Complainant (in Murder Reference No. 16 of 2009).
MUHAMMAD HUSSAIN
VS
THE STATE
Law: Qanun-e-Shahadat (10 of 1984)
Section: 47
Law: Penal Code (XLV of 1860)
Section: 302(b),109,34
Qanun-e-Shahadat (10 of 1984)--- ----Art. 47---Penal Code (XLV of 1860), Ss. 302(b), 109 & 34---Relevancy of certain evidence for proving the truth of facts therein stated---Qatl-i-amd, abetment, common intention, act of terrorism---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Ocular account supported by medical evidence---Prosecution case was that accused party had assaulted on complainant party, made firing thereon, as a result of which two persons died and one person sustained injuries---All the victims had sustained injuries by a Pistol---Motive for the incident was business dispute between the parties---Ocular account was furnished by two witnesses including deceased then injured---Accused remained fugitive and the case was tried against him in absentia and he was awarded capital punishment---Accused filed appeal after his arrest, which was accepted and the case was remanded to the Trial Court for commencing de novo trial of the accused---When the case proceeded in absentia, the statement of one injured was recorded by the Trial Court; however, after arrest of the accused, the said injured witness, according to the prosecution, had died---Complainant submitted application along with death certificate of the said witness, with the submission that the statement of said witness be placed on record---Said application was allowed and the statement of said witness was placed on record---Validity---Trial Court relied upon the ocular account furnished by a witness and statement of deceased then injured under Art. 47 of Qanun-e-Shahadat, 1984---Record showed that incident took place on 27.1.2002---Witness had stated to be present at the place of incident, but neither at the time of incident she recorded her statement, nor explained the sufficient reasons for delay in recording her statement---Said witness had appeared after about three months of the incident sworn an affidavit, but no plausible explanation for such inordinate delay had been put forth---Statement of such witness, in circumstances, was not safe to be relied upon---In the present case, only ocular evidence of deceased then injured, which had been taken into…
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