JANNAT BIBI vs State Ss — 2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: JANNAT BIBI 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

JANNAT BIBI VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of about twelve days in nominating accused---Scope---Accused were charged for committing murder of the son of the complainant by firing---Contents of fard-e-bayan, supplementary statement as well as the statements of both the witnesses showed that the accused had been nominated in the case absolutely on the basis of presumptions, assumption and consultation---Statement of witnesses showed that soon after the occurrence, they reached at the place of occurrence and the police was also present over there and in the meantime the accused took the responsibility of murder of deceased and also threatened the said witness for murder---Question arose that as to why the accused was not nominated in the FIR when more particularly the witness knew the assailant of his deceased brother---Even otherwise, after registration of FIR, said witness kept mum and on 12th day of the occurrence the accused were nominated in the crime---Subsequent nomination of the accused in the crime was nothing but was the result of deliberation and consultation as well as based upon presumptions and assumptions, which could not sustain in the eyes of law---Accused could not be convicted on the basis of mere suspicion howsoever strong it may be---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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