GHUNGAR KHAN vs State Ss — 2022 PCrLJN 32 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

GHUNGAR KHAN VS State Ss. 302(b), 147, 148 & 149---anti-Terrorism act (XXVIII of 1997), S. 7---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Dishonest improvements---Contradiction in medical and ocular evidence---Scope---Prosecution case was that accused and co-accused committed murder of brothers and nephew of complainant by pelting stones after having forcibly caught them---Medical evidence showed that the deceased received firearm injuries---First Information Report had alleged that the accused persons pelted stones in result whereof the deceased died on the spot but nothing had been mentioned about any firearm injuries---In order to address that anomaly, the eye-witnesses made improvements in their statements during the trial and stated that the accused made firing upon the deceased---Statement of the eye-witnesses when confronted with the crime report it had been observed that the witnesses dishonestly stated about firearm injury allegedly caused to the deceased and also introduced dishonest improvement just to bring ocular version in line with medical evidence---Change in version of witnesses were not an outcome of frail human memory, rather was made deliberately with a design of bringing their testimony in conformity with medical evidence, thus, the same in no manner, could be brushed aside---appeal against conviction was allowed, in circumstances. Head NotesCase Description

GHUNGAR KHAN vs State Ss — 2022 PCrLJN 32 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported