MUHAMMAD AZEEM vs State Ss — 2023 PCrLJ 1578 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD AZEEM VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Night time occurrence--- Source of light i.e. bulb not secured during investigation---Accused were charged for making firing upon the complainant party, due to which the brother and mother of the complainant died while complainant and his brother were grievously hurt---According to the report of complainant, the incident took place at 02:00 a.m. in odd hours of night---Complainant alleged that he identified the accused persons and unknown accused in the light of electricity bulbs---Accused were roped in the case on the basis of their identification by the complainant and the eye-witnesses through the said source of light---However, the record revealed that the said source of light was not taken into possession by the Investigating Officer during the course of investigation---According to Investigating Officer, he visited the site and sketched a rough site plan---Perusal of site plan did not reveal the existence of electricity bulbs at the scene of occurrence---In this case the existence of the light of electricity bulbs at the time and place of incident was a relevant fact but the prosecution had failed to secure such piece of evidence during the course of investigation---As such, the identification of the accused persons by the complainant as well as by the eye-witness at the scene of occurrence was not beyond shadow of doubt rather created a reasonable doubt in a prudent mind---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt--- Appeal against conviction was accordingly allowed.

MUHAMMAD AZEEM vs State Ss — 2023 PCrLJ 1578 QUETTA-HIGH-COURT-BALOCHISTAN

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