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---Sole eye-witness---Accused was charged for committing murder of the son of the complainant and a lady by firing---Ocular account deposed by sole eye-witness did not diverge from the story as narrated by the prosecution---However, said witness categorically denied recognizing and identifying the accused person before the court---Moreover, it had also come on record that prior to the occurrence, the accused was not known to said witness, who stated in his statement that the person who made the firing gave his mobile number and told his name as the name of present accused---Investigation Officer held no identification parade of the accused through the said witness---Since said witness had not identified the accused before the Trial Court as such prosecution declared him hostile and cross-examined the said witness, but could not extract anything from his mouth to connect the present accused with the commission of the alleged offence---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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