AHMED SHAH vs State S — 2022 PCrLJ 1260 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 1260 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: AHMED SHAH 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

AHMED SHAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Acquittal of co-accused---Maxim: falsus in uno falsus in omnibus---Applicability---Chance witnesses---Two accused persons faced trial for committing qatl-i-amd of deceased---Two prosecution witness were chance witnesses and their presence at the relevant time was not free from doubt as places of their residences were far away from the place of occurrence---Such witnesses were to justify their presence at the place of occurrence at the relevant time but they failed to do so---Testimony of such witnesses was untruthful and the same was liable to be excluded from consideration---For disbelieving statements of witnesses, it was not necessary that there should be numerous infirmities and contradictions---If there was one which had impeached credibility of witness, the entire statement of such witness had become doubtful---Conviction on capital punishment could not be sustained without unimpeachable, trustworthy and reliable evidence---Prosecution was to prove the criminal liability by strong and consistent evidence---Trial Court disbelieved statements of prosecution witnesses regarding co-accused, therefore, principle of falsus in uno falsus in omnibus was applicable to discard prosecution witnesses to the extent of accused---High Court set aside conviction and sentence awarded to accused by Trial Court and he was acquitted of the charge---Appeal was allowed in circumstances. Head NotesCase Description

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