TAWEEZ KHAN vs State Ss — 2023 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: TAWEEZ KHAN 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

TAWEEZ KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Mode and manner of the occurrence doubtful---Accused was charged for committing murder of the son of the complainant and a lady by firing---Record showed that the Trial Court found the accused guilty on the sole ground that his sister-in-law was found murdered by means of firearms on the National Highway---In the absence of any explanation by accused regarding his sister-in-law's murder, the inference was to be drawn against him that he was responsible for the said murder---Undoubtedly, the unnatural death of the deceased lady on the main road was not disputed by the defence---Motive behind the occurrence had not emerged from the evidence produced by the prosecution and it was strongly felt that both the parties withheld the actual facts and did not come forward with a true story of the incident---Nothing came on record about why the deceased lady was present in the car at the time of the incident with the deceased---Complainant also did not state a single word about any relationship of the deceased lady with the accused, however, when eye-witness appeared before the Court, he stated during cross-examination that the woman who had been murdered was the sister-in-law of accused---However, the said witness further stated during cross-examination that it was correct that he was not acquainted with either of the parties---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

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