SULEMAN vs State Ss — 2022 PCrLJ 1623 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 1623 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: SULEMAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161---Q; S. 161; Criminal Procedure Code (V of 1898)

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

SULEMAN VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, common intention---Appreciation of evidence---Delay of two days in recording the statements of witnesses---Scope---Accused were charged for committing murder of the deceased by firing---Occurrence took place at 12 O'clock at night while eye-witnesses claimed to have seen the occurrence, who were closely related to the deceased---Statements under S. 161, Cr.P.C. of the said witnesses were recorded and one of the eye-witnesses stated during cross-examination that her statement was recorded after two days of the incident---Said eye-witness further stated during cross-examination that the Investigating Officer recorded her statement and statement of other eye-witness together---Investigating Officer of the case on the other hand stated during cross-examination that he recorded statements of eye-witnesses under S. 161, Cr.P.C., a day earlier---No plausible explanation whatsoever had come on record as to why the statements of the said witnesses were recorded with a delay of two days---Said fact rendered the case of the prosecution extremely doubtful---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

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