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
Provisions referred to: S. 161

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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding important witness---Accused was charged for committing murder of the son of the complainant and a lady by firing---Complainant was not eye-witness to the occurrence, however, when he received information about the injuries caused to his son, he reached the hospital and there he found the dead body of the deceased---Complainant had not disclosed the source of information regarding the occurrence in his report---Complainant stated during his cross-examination that he was informed about the occurrence by his relative---Investigating Officer also stated that he handed over the dead bodies of the deceased to the said relative of complainant---Neither the statement of said relative was recorded under S. 161, Cr.P.C., by the Investigating Officer, nor he was produced before the Court---Non-production of said important witness as provided under Art. 129(g) of Qanun-e-Shahadat, 1984, would cast adverse inference that if the said witness had been produced he would not have supported the prosecution version---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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