Mst. ARBAB KHATOON vs IMAM BAKHSH Ss — 2021 MLD 1286 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1286 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: Mst. ARBAB KHATOON vs IMAM BAKHSH Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. ARBAB KHATOON VS IMAM BAKHSH Ss.302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Non-justification for the presence of witnesses at the place of occurrence---Chance witnesses---Scope---Accused were charged for committing murder of brother of the complainant by firing---Record showed that the alleged occurrence took place at the house of the deceased, however, the eyewitnesses were not residents of the locality/place of occurrence---Said witnesses, when appeared before the court, explained that they were factually not residing at the place of occurrence, but they stayed with the deceased overnight---Both the witnesses were chance witnesses, in circumstances---Said witnesses had claimed that they came to see the deceased but did not tell why and more importantly did not give any reasons for staying overnight---In the absence of some confidence-inspiring explanation regarding their presence at the crime scene, the chance witnesses and their testimony could simply be termed as suspect evidence---Circumstances established that the prosecution had failed to point out any defect in the impugned judgment passed by the Trial Court---Appeal being devoid of merits was accordingly dismissed.

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