MUHAMMAD DIN vs State Ss — 2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: MUHAMMAD DIN vs State Ss
Subject matter: Criminal
Provisions referred to: Criminal Procedure Code (V of 1898)

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

MUHAMMAD DIN VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Delayed FIR---Un-witnessed incident---Retracted juridical confession---Motive, not proved---Failure of prosecution to send crime weapon to Forensic Laboratory---Scope---Accused was alleged to have murdered two of his wives in the backdrop of a motive based upon the allegation of "siyakari"---First Information Report was lodged with a delay of 12 hours and that too by a person who had not witnessed the occurrence---Ocular account furnished by third wife of accused was not straightforward as she had only seen the dead bodies, who were slaughtered by unknown persons---Judicial confession of the accused was recorded 9 days after his arrest and which was retracted---Magistrate had neither informed the accused that he would not be handed over to the levies authorities nor had he physically examined the accused nor had he provided time to the accused for reflection before recording his confessional statement---Medical evidence was not in line with the prosecution version---Prosecution had failed to prove the motive---Recovery of crime weapon was of no avail as the same was neither effected from the possession of accused nor was it sent to the Forensic Laboratory---No case was made out against the accused nor conviction recorded by the trial court was sustainable---Appeal was accepted.

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