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---Disclosure made by accused before a 'Jirga'---Scope---Accused were charged for committing murder of the son of complainant by slaughtering him with sharp edged weapon---Allegation levelled against the accused persons was that they in furtherance of their common intention, called the complainant's son in the area of a garden, tied his hands and then slaughtered him---First Information Report was initially registered against unknown persons, but thereafter, the complainant filed his supplementary statement by nominating the accused persons in the case---Prosecution case mainly rested upon the statement of disclosures made by the accused, firstly before the Jirga, which was requisitioned to ascertain the truth, wherein the said accused confessed his guilt while nominating the other accused persons for commission of offence---Disclosure and the proceedings of the jirga were recorded by the brother of deceased in his mobile and saved in his memory card---Said memory card was taken into possession vide recovery memo and produced before the Trial Court---Said accused also made disclosure before the Judicial Magistrate---Record was indicative of the fact that the alleged memory card containing the video of alleged disclosure of said accused before the jirga was not visualized/played in the Court during trial nor the accused was afforded an opportunity to admit or rebut the same, nor the witness(es) of the said jirga was/were associated with investigation and nor produced before the Court to ascertain the factual position--- Resultantly, the case was remanded to the Trial Court with direction to summon at least two witnesses/members/participants of the Jirga, in front of whom the accused had made disclosure, while the Investigating Officer of the case was directed to prepare CD of the video clip, and provide the same to the accused persons and thereafter, the same be visualized/played in the Court in presence of brother of deceased, and opportunity of rebuttal/cross-examination be provided to the accused persons---Appeal was disposed of in the above terms.

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

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