MUHAMMAD ILYAS vs ISHFAQ alias MUNSHI Ss — 2022 YLR 1620 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1620 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ILYAS vs ISHFAQ alias MUNSHI 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

MUHAMMAD ILYAS VS ISHFAQ alias MUNSHI Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Withholding material evidence---Effect---Accused were charged for committing murder of the brother of complainant by firing---Ocular account was furnished by the brother and mother of the deceased---Said witnesses stated that besides them another person was with them, but his statement was not recorded---Alleged ocular witnesses stated that there was enmity with accused/respondents--- Statements of interested witnesses required independent corroboration, in circumstances---Said person was an independent witness and was not produced by the prosecution for the reason best known to them---Prosecution, though, was not bound to produce each witness mentioned in the calendar of witnesses, however, if a material witness was withheld then under the provisions of Art. 129(g) of Qanun-e-Shahadat, 1984, presumption could be taken against the prosecution that if such witness was produced he would have not supported the prosecution case---Circumstances established that there was no solid or concrete evidence against the accused connecting them with the commission of offence---Trial Court after proper appreciation of evidence had rightly acquitted the accused of the charge---Appeal was dismissed accordingly.

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