Abdul Khaliq S/O Duray Khan vs The State Through Prosecutor General
Balochistan High Court · 2022 · Before Hon'ble Justice Shaukat Ali Rakhshani
emanating from an FIR No. 25 of 2020 registered within the precincts of Levies Station Wali Khan, Mastung, whereby the appellant was convicted and sentenced in the following terms; “Therefore, while found the accused Abdul Khaliq to be guilty of section 302,34 PPC, therefore, I hereby convict the accused Abdul Khlaiq s/o Duray Khan, by caste Jattak R/O Rodraees Pring abad, Mastung and sentenced him for LIFE rigorous imprisonment. The convict however, is liable to pay amounting Rs.500000/- (Rupees five lacs) to the legal heir of deceased Mir Shadain as compensation. He is further liable to pay Rs.200000/- (Rupees two lacs) to the injured Kaleem ullah as DAMAN. In default of the above compensation amount, he shall further undergo for six (06) months simple imprisonment (S.I).” Criminal Appeal No.440 of 2021 2 Only for viewing purpose. Contact office for certified copy.
2. Unfurled facts reveal that complainant Shah Faisal (PW-1) lodged the FIR (Ex.P/8-A) by submitting an application (Ex.P/1-A), wherein he reported that on 17.08.2020, while he along with his brother Mir Shadain Ahmed, cousins Mir Kaleemullah (PW-6), Mir Saifullah (PW-3) and Israr Ahmed were returning home from their fields situated at Killi Rodraees, when they reached graveyard, appellant Abdul Khaliq having an axe attacked upon Kaleemullah (PW-6), Abdul Malik, Muhammad Umar, Nauroz assaulted upon them with sticks, whereas Dost Muhammad armed with kalashnikove made firing, which hit Mir Shadain, whereby Israr Ahmed (PW-3) and Kaleemullah (PW-6) received severe injuries, whereas due to firing of Dost Muhammad, his brother Mir Shadain succumbed on the spot. Appellant Abdul Khaliq was arrested, whilst rest of the nominated accused remained away.
3. After registration of the FIR, Investigating Officer (“IO”) Muhammad Ayub Risaldar (PW-8) went to the crime scene, prepared site plan (Ex.P/8-B), inquest report (Ex.P/8-C) and sent the dead body for postmortem examination; he took bloodstained earth through recovery memo (Ex. P/5-B), four empties of kalashnikove (Ex.P/4-A) in presence of Hussain Ahmed constable (PW-4). Next day, in the presence of Aziz Ahmed (PW-5), a private witness, who heard the fire shots, although, did not see the culprits, but stated to have seen the Criminal Appeal No.440 of 2021 3 Only for viewing purpose. Contact office for certified copy. injured and deceased whom he took to the hospital. He is also mashir to the recovery of bloodstained earth, clothes of deceased as well as of both the injured persons. Dr. Muhammad Umar (PW-2) issued Medico Legal Certificate ("MLC") as Ex.P/2-A of the deceased, whereas Dr. Ali Mardan, Police Surgeon (PW-7) examined injured Kaleemullah and Israr Ahmed and issued MLCs Ex.P/7-A & Ex.P/7-B respectively. Investigating Officer (“IO”) Muhammad Akram Harifal Tehsildar (PW-9) arrested appellant Abdul Khaliq on 10.09.2020, whereas the others stayed away from law; thus, declared proclaimed offenders.
4. The Trial Court indicted the appellant by framing a formal charge on 30.11.2020, to which, the appellant entered the plea of denial, leading the prosecution to produce as many as nine prosecution witnesses in order to bring home the charge. After denying the allegations, while being examined by the court, he did not opt to lead defence.
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