MUHAMMAD NABI alias NABIKHO vs State S — 2022 PCrLJ 1208 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 1208 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD NABI alias NABIKHO vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

MUHAMMAD NABI alias NABIKHO VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Un-natural conduct of eye-witnesses---Scope---Accused was charged for committing murder of the brother of complainant by firing---Ocular account had been furnished by two eye-witnesses---Record showed that the conduct of both the said witnesses was unnatural, as both the witnesses knew the accused and the deceased, but despite such fact when at the first instance only there was only quarrelling, the witnesses did not intervene and try to save and separate them---Conduct of witnesses again unnatural as according to the witnesses, the accused after making firing escaped from the place of occurrence and the injured himself went towards the mortuary of Mosque---Not acceptable for a prudent mind that an injured persons being nearer to death and already knew to the witnesses,but despite such fact they did not render any help or assistance to the injured rather they let the injured to move to another place himself---Statements of both the witnesses again unnatural, when after the commission of crime neither they called the police nor informed the legal heirs of deceased rather witness was claiming that he informed the police about the occurrence---Unnatural conduct of the witnesses rendered their statements as doubtful and conviction could not be based upon such evidence, which otherwise was not trustworthy---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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