JUMMA KHAN vs State Ss — 2021 PCrLJN 73 QUETTA-HIGH-COURT-BALOCHISTAN

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

JUMMA KHAN VS State Ss. 302(b), 324, 337-a(i) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-mudihah, common intention---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which two persons died and complainant sustained injuries---Fard-e-biyan showed the time of occurrence as 9:00 a.m. while the FIR was lodged at 11:00 a.m.---Investigating Officer reached at 9:00 a.m., and started investigation---Question was that when the Investigating Officer was present at the spot at the time of occurrence, how the accused managed to escape from the scene, why the Investigating Officer had not chased the accused---Police employee/witness also stated that they reached at the spot at 9:00 a.m.---Injured witness stated that he did not know who brought him to hospital, while Police employee/witness stated that when they reached at the spot the dead body was lying there, but injured were not there---Investigating Officer contradicted the statement of police employee---Said witness stated that they shifted the dead body and injured to hospital, while the Medico-Legal Certificates also showed that the injured were brought to hospital by police employees---Investigating Officer further stated that he received application in written form, while injured witness stated that he put thumb impression on written paper---Question arose as to who wrote application and sent to Investigating Officer---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

JUMMA KHAN vs State Ss — 2021 PCrLJN 73 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported