ABDUL WAHID vs State Ss — 2021 YLR 913 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 913 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: ABDUL WAHID vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

ABDUL WAHID VS State Ss. 302(b), 324, 109, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Scope---Prosecution case was that the accused party made firing upon the complainant party, which resulted into instantaneous death of deceased on the spot and injuries to other members of the complainant party---In the present case, the injured and deceased were shifted to hospital by two persons but none of the said persons were produced by the prosecution nor their statements were recorded under S.161, Cr.P.C.---If a piece of evidence was available with a party and the said party failed to produce the same before the court then presumption under Art. 129(g) of Qanun-e-Shahadat, 1984 could be drawn that had the said evidence been produced before the court it would have been unfavourable to the said party---Such presumption could fairly be drawn in the present case that had said two been produced before the court, they would not have supported the prosecution case---Non-examination of such material witnesses had materially affected the prosecution case---Appeal against conviction was allowed, in circumstances.

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