MUSHTAQ AHMED vs State S — 2023 PCrLJ 1823 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1823 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUSHTAQ AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 103---Q; S. 103; Criminal Procedure Code (V of 1898)

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

MUSHTAQ AHMED VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd---Appreciation of evidence---Recovery of currency from the house of circumstantial witness---Non-associating of private witnesses during recovery proceedings---Effect---Accused was charged for committing murder of the uncle of the complainant---Circumstantial witness deposed that no currency was recovered from his house, while as per recovery memo, Rs.5,42,000/- were recovered from the house of said witness---Alleged recovery was also made in sheer violation of S. 103, Cr.P.C.---Admittedly, the alleged recovery was made in thickly populated area, but none of the inhabitants was made as mushir---As per recovery memo, when the main door of the house was knocked one person came out, who was inquired about said witness, whereafter, he called the said witness, but surprisingly, he was also not associated as mushir to strengthen the prosecution version---Circumstances established that the prosecution had failed to bring home guilt of accused---Appeal against conviction was allowed accordingly.

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