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

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TAWEEZ KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of more than three and a half hour in lodging the FIR---Accused was charged for committing murder of the son of the complainant and a lady by firing---Record showed that there was a delay of more than three and a half hours in lodging the report by the complainant---Complainant stated during cross-examination that his relative informed him about the occurrence and within 15/20 minutes, he reached the hospital---For the sake of arguments, if it was presumed that the complainant reached at civil hospital at or about 5:30 p.m., the dead bodies of the deceased were also examined by the doctor around 6:00 p.m., then how the dead bodies of the deceased were handed over to the relative of complainant and the complainant did not receive the same---Meaning thereby that at that time complainant was not present at the hospital---On the other hand, if the complainant reached the hospital at 5:30 p.m. and allegedly saw the deceased's dead body at the hospital, then what prevented him from lodging the report at 5:30 p.m.---Said fact created serious doubt in the prosecution story as to why the report was not lodged promptly---Delay in lodging the report could not be simply brushed aside, as it assumed great significance, and it could be attributed to consultations, taking instructions and calculatedly preparing the report keeping in view the names of the assailants opened for involving such persons who ultimately the prosecution might wish to nominate---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.

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

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