ABDUL KARIM vs State Ss — 2022 PCrLJ 1570 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL KARIM VS State Ss. 324 & 337-F(i)---attempt to commit qatl-i-amd, ghayr-jaifah-mudihah---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---accused was charged for injuring the brother of the complainant by firing---Prosecution case hinged upon the statement of injured and Medical Officer, whereas the other witnesses had not seen the accused at the place of occurrence---Injured narrated the story to complainant and eye-witness/his brother, as such complainant and eye-witness were not ocular witnesses---Injured stated that the people gathered at the place of occurrence, shifted him to hospital, whereas brother of injured/witness stated that on hearing firing, he reached the spot, where his brother was lying in injured condition, he shifted him to the hospital---Medical Officer produced Medico-Legal Certificate, which transpired that the injured was brought by Sub-Inspector Police---Complainant did not mention the presence of his brother/witness in the hospital on the date of occurrence---Statements of prosecution witnesses were not above the board, they made contradictory statements---Investigating Officer stated that the police personnel recorded the statement of witnesses including the injured on 21.08.2019, whereas the injured in his deposition stated that the police personnel recorded his statement at Trauma Center after three days of the occurrence, while Medical Officer stated that no Trauma Center existed at the Hospital from the day of incident---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances. Head NotesCase Description

ABDUL KARIM vs State Ss — 2022 PCrLJ 1570 QUETTA-HIGH-COURT-BALOCHISTAN

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