NAJEEBULLAH vs State Ss — 2021 YLR 2182 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2182 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: NAJEEBULLAH vs State 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

NAJEEBULLAH VS State Ss. 302(b) & 34---Qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Delayed FIR--- Dishonest improvement---Withholding best evidence--- Related witness--- Chance witness--- Scope---Accused along with others were alleged to have attacked upon the deceased, who took shelter in a shop but the accused persons being armed with pistols entered into the shop and made firing upon the deceased---First Information Report was lodged with a delay of about 23 hours without any plausible reason---Accused was nominated in the FIR but he was not assigned any role---Accused was later on assigned the role of holding the deceased but no reliance could be placed upon such an improved statement---No plausible explanation was furnished as to why the shopkeeper or the person who took the deceased to the hospital was not examined---Non-production of most natural and material witnesses strongly led to an inference that they would not have supported the prosecution case---Prosecution witnesses were closely related to the deceased and were chance witnesses---Prosecution case was highly doubtful and was not proved beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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