FATEH KHAN vs State Ss — 2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: FATEH KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161---Q; S. 161; 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

FATEH KHAN VS State Ss. 302, 324, 147 & 149---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Delay of about two days in recording the statements of injured witnesses by police---Effect---Accused were charged for making indiscriminate firing upon sons and grandson of complainant, due to which, they were seriously injured but his one son succumbed to the injuries---In the present case, the defence had objected that the statements of injured witnesses were recorded with delay of two days---Prosecution failed to explain such delay---Admittedly, the injured witnesses were hospitalized---Investigating Officer visited the hospital, but did not record statement of injured witnesses under S. 161, Cr.P.C., for the reasons best known to him---Belated recording statement of witnesses under S. 161, Cr.P.C. was no ground to brush aside the statement of injured/ocular witnesses---Circumstances established that the prosecution had proved the charges against the accused persons beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

Other judgments reported in 2021 PCRLJ

2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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