MANDOKHAIL vs State Ss — 2021 YLR 1696 QUETTA-HIGH-COURT-BALOCHISTAN

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MANDOKHAIL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Unnatural conduct of witnesses---Scope---Prosecution case was that the accused and co-accused committed murder of the son of complainant by firing---Ocular account of the incident had been furnished by three eye-witnesses including complainant---Statements of ocular witnesses showed that the accused and absconding accused came out from the trench---Absconding accused made firing upon deceased, whereas the witnesses were near to the accused and absconding accused, but they were not harmed---Ocular witnesses were father, mother and brother of the deceased---Circumstances suggested that it was unnatural that the accused killed the deceased in presence of witnesses, and they let them go, which did not appeal to prudent mind that while killing a person in presence of his close relatives the accused would not attempt to cause any injury/kill the prosecution witnesses leaving them for evidence to be hanged---Record reflected that the ocular witnesses attributed specific role of firing to absconding accused---As per ocular account despite being armed with sophisticated weapons the accused did not cause harm to the witnesses---Record reflected that the deceased was examined by a dispenser, while Medical Officer appeared to testify---Witness exhibited letter of Investigating Officer in regard of post mortem of deceased---Medico Legal Certificate was not exhibited---Document which was not exhibited could not be taken into consideration---Medical evidence was confirmatory/supporting, which was never held to be corroborative evidence to identify the culprit---Circumstances established that the prosecution evidence could not be termed to be confidence inspiring---Appeal against conviction was allowed, in circumstances.

MANDOKHAIL vs State Ss — 2021 YLR 1696 QUETTA-HIGH-COURT-BALOCHISTAN

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