MUHAMMAD SALEEM vs State Ss — 2022 PCrLJ 1356 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD SALEEM VS State Ss. 302(b), 397 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Delay in recording the statement of eye-witness---Scope---Allegations against the accused were that they all in furtherance of their common intention snatched the amount from the deceased and on his resistance, the absconding accused fired upon the deceased, who later on died---Ocular account of the incident had been furnished by sole eye-witness---Said witness despite witnessing the incident and observing that a person was first shot down by culprits and then was put in vehicle, remained silent for nearly a month without intimating the police authorities or even informing the complainant in time, who, as per his own assertion, was well known to him for the last 2/3 years, his statement under S. 161, Cr.P.C., was recorded about 24 days after the occurrence---Delayed recorded statement under S. 161, Cr.P.C., of said eye-witness had brought to a conclusion that the said delay was just used to devise and create an untruthful account of the occurrence---Said witness also admitted that he visited the police station along with the complainant, whereas the Investigating Officer in his cross-examination stated that he was called by the complainant and informed that one eye-witness intended to record his statement under S. 161, Cr.P.C., which showed that the witness was produced and introduced by the complainant---Initially the FIR was registered against unknown persons, but thereafter, the accused were arrested, but as per prosecution's version the accused were arrested on basis of spy information and through latest technology, however, the case file was silent about any such source of information, nor the prosecution brought anything on record to show the source of arrest of accused, which too had not only created doubt in the prosecution's case but had almost shattered the entire prosecution's case---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Head NotesCase Description

MUHAMMAD SALEEM vs State Ss — 2022 PCrLJ 1356 QUETTA-HIGH-COURT-BALOCHISTAN

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