Case Details

Citation(s)
2023 SLG 1161 2023 SLD 1161 2023 YLR 824
Balochistan High Court
Criminal Appeal No. 332, Murder Reference No. 9 and Civil Miscellaneous Application No. 126 of 2017, decided on 31st March, 2021. Date of hearing: 17th March, 2021.
MUHAMMAD HASHIM KHAN KAKAR AND ABDULLAH BALOCH, JJ

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ASFAND YAR

VS

The STATE

Law: Penal Code (XLV of 1860)

Section: 302,324

(a) Penal Code (XLV of 1860)--- ----Ss. 302 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Medical evidence---Scope---Accused was charged for making firing upon his brothers and mother, due to which his two brothers died, while his mother and one brother sustained firearm injuries---Motive behind the incident was that the accused quarrelled and tortured his wife, thus his brothers scolded him, where after the accused had divorced his wife and for such divorce he was holding responsible to the injured persons---Medical Officer examined the injured mother and injured brother of accused and after examination issued Medico-Legal Certificates, which confirmed that both the injured received bullet injuries on their persons---Prosecution case was also supported by the Forensic Science Laboratory Reports of blood stained clothes of deceased as well as other blood stained articles and the inquest report of deceased prepared by the Investigating Officer---Even otherwise, the defence had not disputed the unnatural death of deceased and injuries received by the injured witnesses, but pleaded his implication---Circumstances established that the prosecution had proved its case against the accused, however, while maintaining the conviction, death sentence was converted into imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----Ss. 302 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account---Scope---Accused was charged for making firing upon his brothers and mother, due to which his two brothers died, while his mother and one brother sustained firearm injuries---Ocular account of the incident had been furnished by complainant, injured witnesses and dwellers of the house---Complainant in his court statement mostly reiterated the contents of fard-e-bayan and confirmed the presence of accused inside the house, when the occurrence had taken place---Complainant had brought on record that after repeated ring bells, the accused opened the main gate of the house and he found injured his…
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