RAMZAN vs State Ss — 2023 PCrLJ 1489 QUETTA-HIGH-COURT-BALOCHISTAN

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RAMZAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Defective investigation--- Accused were charged for committing murder of the son of complainant by slaughtering him with sharp edged weapon---Initially the investigation of the case was conducted by the levies, but the Tehsildar, Investigating Officer destroyed the case by ignoring the material evidence---Complainant being dissatisfied from the investigation conducted by levies, submitted an application for transfer of case to the Crimes Branch, which course was accordingly done and investigation was transferred to the Crimes Branch---Unfortunately Sub-Inspector, Crimes Branch, also failed to collect the necessary evidence and record the statements of the material witnesses---File showed that due to obliviousness of first Investigating Officer, reasonable delay seemed to have been occasioned for collecting and recording necessary evidence, but the negligence of second Investigating Officer had also caused serious flaws in the prosecution case, which seemed to be colorful exercise of powers by both the Investigating Officers---Delay in recording the necessary evidence is not always fatal to the prosecution case, but any such delay castes reasonable doubt and suspicion on veracity of evidence so collected and recorded---Complainant and other witnesses could not be held responsible for such delay, which was ultimately caused by mis-exercising of power for extending undue leverage to the accused---Since such aspects of the case were yet to be addressed, therefore, Court intentionally refrained to render any observation in that behalf---Appeals were partly allowed and case was remanded to Trial Court.

RAMZAN vs State Ss — 2023 PCrLJ 1489 QUETTA-HIGH-COURT-BALOCHISTAN

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