Muhammad Irfan son of Ghulam Mustafa vs The State
Balochistan High Court · 2025 · Before Hon'ble Justice Muhammad Najamuddin Mengal
Criminal Appeal No.21 of 2024 filed by the appellant (convict) Muhammad Irfan son of Ghulam Mustafa, against the judgment dated 13th June 2024 (hereinafter referred as, “the impugned judgment”) passed by learned Additional Sessions Judge-VII, Quetta (hereinafter referred as, “the trial Court”), whereby the appellant was convicted under Section 395, 34 PPC and sentenced to suffer seven (07) years R.I., with fine of Rs.500,000/- or in default thereof to further suffer S.I. for six (06) months, with the benefit of Section 382-B Cr.P.C., while co-accused Ali Ahmed alias Zafar was acquitted of the charge.
2. Facts of the case are that on 25th August 2021, the complainant Abdul Wakeel son of Haji Abdul Rahim, lodged FIR No.125/2021 at Police Station Gwalmandi, under Section 395, 34 PPC, against unknown culprits, with the averments that he is Professor by profession in Government Science College Quetta and resides at Zarghoon Road near Ashraf X-Ray Quetta. On the day of occurrence, he took Pakistan Housing Society Application Forms and went to Bank Islami Criminal Appeal No.21of 2024 - 2 - Only for viewing purpose. Contact office for certified copy. Limited Jinnah Road Branch Quetta, where his friend Dr. Khaliq Dad drawn cash amount of Rs.20,00,000/- (Rupees two million) and handed over him to deposit the same in UBL Kawari Road Branch, Quetta. Accordingly, he alognwith Dr. Khaliq Dad and cousin Ahmedullah proceeded towards Kawari Road and dropped Dr. Khaliq Dad near Civil Hospital Quetta, and when at about 12.45 p.m. they reached in front of Children Hospital Quetta, suddenly four persons came over there on two motorcycles, out of whom, two were armed with pistols, intercepted their vehicle and on gunpoint snatched cash amount of Rs.20,00,000/- from him and Rs.10,00,000/- from his cousin Ahmedullah. They also snatched away his mobile phone Vivo-Y51S having Sims No.0302-3880723 and 0310- 1543419 and after committing the crime, the accused persons flee away from the place of occurrence. The accused persons seemed to be Baloch by their appearance and can be identified if brought before.
3. Pursuant to above FIR, investigation was carried out and in the meantime the appellant alongwith acquitted and absconding accused were arrested in another criminal case of dacoity, who during investigation of the said case disclosed that they have also committed dacoity in the present case, thus they were also arrested in the present case, subjected to investigation and on completion thereof they were challaned in the trial Court. Accused Zaman was not arrested, thus he was declared as proclaimed offender.
4. During trial, the trial Court indicted the charge to appellant, acquitted and absconding accused, who refuted the same, thus the prosecution in order to establish the charge has produced the evidence of Nine (09) witnesses. During examination of the witnesses, the accused Abdul Aziz son of Abdul Majeed, Muhammad Ali alias Mehboob and Criminal Appeal No.21of 2024 - 3 - Only for viewing purpose. Contact office for certified copy.
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