SAMIULLAH vs State Ss — 2022 YLR 1439 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1439 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: SAMIULLAH vs State Ss
Subject matter: Criminal

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

SAMIULLAH VS State Ss. 302, 337-a(i), 337-F(i), 147, 149 & 34---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, rioting, unlawful assembly, common intention---appreciation of evidence---Benefit of doubt---Withholding best evidence---Scope---Prosecution case was that the accused party while armed with daggers assaulted on complainant party and father of the complainant died due to dagger injury on his liver while his other relatives were injured---all the witnesses were brothers, nephews and cousins to each other---Record showed that the occurrence was witnessed by number of shopkeepers present at the place of occurrence, but none of them was interrogated and produced as witness in the court---One witness was also allegedly injured in the incident, but he was not produced in the Trial Court---Non-production of said witness would lead to a presumption that had he been produced, he might have told the truth which would not have been favourable to the prosecution, thus, the case of prosecution lacked independent corroboration and the accused persons could not be assumed to be culprit solely on the statements of witnesses who were interested and related to the deceased---Circumstances established that the prosecution had failed to prove the charge against all the accused---appeal against conviction was allowed, in circumstances.

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