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| 2025 SLG 3517 2025 SLD 3517 = 2025 YLR 1240 |
Balochistan High Court
Criminal Appeals Nos. 426 and 447 of 2022, decided on 24th December, 2024.
Before Muhammad Hashim Khan Kakar, C.J and Muhammad Aamir Nawaz Rana, J
Khudai Noor Khan for Appellant (in Criminal Appeal No. 426 of 2022). Yahya Baloch, Additional Prosecutor General (APG) for the State (in Criminal Appeal No. 426 of 2022). Ameer Muhammad Tareen and Jamil Ramzan for Appellant (in Criminal Appeal No. 447 of 2022). Yahya Baloch, Additional Prosecutor General (APG) for the State (in Criminal Appeal No. 447 of 2022).
Criminal Appeals Nos. 426 and 447 of 2022, decided on 24th December, 2024.
Before Muhammad Hashim Khan Kakar, C.J and Muhammad Aamir Nawaz Rana, J
Khudai Noor Khan for Appellant (in Criminal Appeal No. 426 of 2022). Yahya Baloch, Additional Prosecutor General (APG) for the State (in Criminal Appeal No. 426 of 2022). Ameer Muhammad Tareen and Jamil Ramzan for Appellant (in Criminal Appeal No. 447 of 2022). Yahya Baloch, Additional Prosecutor General (APG) for the State (in Criminal Appeal No. 447 of 2022).
MUHAMMAD ASHRAF alias Nasir Khan and another---Appellants
VERSUS
The STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302(b),324,397,109,34
Law: Qanun-e-Shahadat (10 of 1984)
Section: 46
(a) Criminal trial-------Circumstantial evidence---Scope---In cases relying on circumstantial evidence, the prosecution is to establish a continuous and unbroken chain of circumstances that lead to the conclusion of the guilt of the accused beyond a reasonable doubt---Each link in the chain of circumstantial evidence must be connected---If any link is found to be weak or broken, the entire chain loses its probative value, thereby benefiting the accused.(b) Criminal trial-------Circumstantial evidence---Scope---Absence of eye-witness's testimony does not diminish the strength of circumstantial evidence when it is compelling and interlinked.Khurshid v. The State PLD 1996 SC 305 rel.(c) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 397, 109 & 34---Qanun-e-Shahadat (10 of 1984), Art.46--Qatl-i-amd, attempt to commit qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, abetment, common intention---Appreciation of evidence---Dying declaration of deceased---Scope---Accused were charged for committing robbery and causing deadly injuries to the deceased---Statementcum-dying declaration of deceased was recorded by Risaldar/witness, who stated in his statement that the injured was in a position to give his statement--Medical Officer also verified that the injured was conscious when he had been brought to him and remained conscious during his examination---Scrutiny of said statement would showed that it inspired full confidence, and there was no possibility of tutoring or prompting---Deceased was in a fit state of mind to make the statement and he had the opportunity to observe and identify the assailants---Deceased in his statement, recorded before his death, identified the appellants as the perpetrators---Circumstances established that the prosecution had proved the guilt of the appellants beyond reasonable doubt---Appeal against conviction was dismissed, in circumstances.(d) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 397, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, abetment, common intention---Appreciation of evidence---Recovery of incriminating…