SABIR HUSSAIN vs State Ss — 2022 YLR 173 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 173 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: SABIR HUSSAIN 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

SABIR HUSSAIN VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Last seen evidence---Scope---Accused was charged that he and co-accused committed murder of the son of the complainant---Record transpired that no one came forward to furnish ocular account to that incident, thus, it was an unseen occurrence---Last seen evidence had been furnished by one witness, who stated that accused and two other persons took the deceased on a motorcycle and corps of the deceased was found from the water tank---Said story narrated by the witness had neither been corroborated from the FIR as well as disclosure of the accused before the police nor prosecution produced any other corroborating evidence in that behalf---Version of said witness established his status as a witness of last seen, which was an afterthought and seemed concocted and fabricated one---Had said witness seen the accused on the very first day of missing of deceased he would have definitely disclosed before the police regarding missing of the deceased---Said witness would have also inquired from the accused about the whereabouts of the deceased, but he did not lodge the report on the first day rather his statement was recorded by the police after three days from missing of the deceased, despite the fact that said witness was a nephew of the complainant, thus, said belated story of witness regarding last seen of the deceased in the company of the accused was unbelievable and not trustworthy---Appeal against conviction was allowed, in circumstances.

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