Master MUHAMMAD NASEEM vs State S — 2022 YLR 469 QUETTA-HIGH-COURT-BALOCHISTAN

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Master MUHAMMAD NASEEM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged for committing murder of father of complainant by firing---Ocular account of the incident had been furnished by complainant/son and widow of the deceased---Complainant mostly reiterated the contents of his fard-e-bayan, wherein he had stated that on the day of occurrence, he along with his other family members were present in his house, when the door of the house was knocked by the accused deceased was prohibited by his mother not to go to the door due to extreme annoyance of accused but despite that deceased went out of, where scuffle took place---Complainant came out from his house, after hearing fire shot and found his father lying in the pool of blood, while the accused holding pistol in his hand escaped from the place of occurrence in a motorcycle---Complainant contradicted his statement as contained in the fard-e-bayan, where he mentioned that on the way to the hospital his father succumbed to the injuries, while in his court statement he stated that doctor after examination disclosed that his father had died---According to complainant at the relevant time the neighbours were gathered at the spot but neither any neighbour was interrogated nor produced in the Trial Court by the prosecution---Prosecution had failed to produce the persons who had taken the deceased to hospital---Widow of the deceased also contradicted the statement of complainant and stated that initially her husband was being shifted to a private hospital from where he was being taken to civil hospital but on the way to civil hospital he succumbed to the injuries---Widow of deceased in her cross-examination stated that complainant disclosed to her that initially the deceased was shifted to private hospital in injured condition and thereafter he was taken to civil hospital---Statements of both the said witnesses had fully been contradicted by another witness, who claimed to be the witness of disclosure of the accused recorded during investigation, wherein allegedly the accused had not only confessed his guilt but also got recovered the crime weapon from the roof of the house of deceased---Statements of both the witnesses were silent that the accused had thrown the pistol on their roof rather they in a specific terms stated that the accused while holding the pistol escaped from the place of occurrence on a motorcycle---Comparative study of both the statements of complainant and widow and the statement of other witness made the presence of both the witnesses doubtful at the relevant time and also the recovery of crime weapon on the pointation was 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.

Master MUHAMMAD NASEEM vs State S — 2022 YLR 469 QUETTA-HIGH-COURT-BALOCHISTAN

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