Case Details

Citation(s)
2024 SLG 6141 2024 SLD 6141 = 2024 PCRLJ 891
Balochistan High Court
Criminal Appeal No. 634 of 2022, decided on 20th November, 2023.
Before Abdullah Baloch and Muhammad Aamir Nawaz Rana, JJ
Allah Bakhsh v. Ahmad Din 1971 SCMR 462 rel. T.H Khan for Apellant. Muhammad Riaz Akhtar Tareen for Complainant. Amna Hashmi, DPP. for the State.

SAFAR GUL---Appellant

VERSUS

The STATE---Respondent

Law: Penal Code (XLV of 1860)

Section: 302(b),324,109,34

(a)    Penal Code (XLV of 1860)-------Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Delay of one hour and forty five minutes in lodging FIR---Not consequential---Accused were charged for committing murder of the uncle of complainant by firing---Record transpired that the alleged incident took place on 25.04.2016 at 5:30 p.m. and the FIR had been lodged by the complainant at about 7:15 p.m. whereas the deceased was brought to DHQ Hospital at 8:00 p.m.---In the FIR not only the accused was nominated, but role of firing had been attributed to him---Prompt recourse to law straight at the police station minimizes any possibility of deliberation or consultation---Circumstances established that the prosecution successfully brought home the charge against the accused beyond any shadow of doubt---Appeal was accordingly dismissed.Nasir Iqbal alias Nasra and another v. The State 2016 SCMR 2152 rel.(b)    Penal Code (XLV of 1860)-------Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Medical evidence supporting the ocular account---Accused were charged for committing murder of the uncle of complainant by firing---Record showed that medical evidence fully supported the ocular account about the kind of weapons used during the occurrence and the time of incident as narrated by the eye-witnesses, fully tallied with the medical evidence---Circumstances established that the prosecution successfully brought home the charge against the accused beyond any shadow of doubt---Appeal was accordingly dismissed.Noor Zaman v. The State 2022 SCMR 1002 rel.(c)    Penal Code (XLV of 1860)-------Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Interested witnesses, evidence of---Reliance---Accused were charged for committing murder of the uncle of complainant by firing---Allegedly, only interested witnesses who were relatives of deceased were produced by the prosecution---Mere relationship of…
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