ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL GHAFFAR VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Dishonest improvements made by the eye-witnesses---Effect---Accused were charged for committing murder of the mother and sister of complainant by firing---Record showed that the alleged two eye-witnesses made dishonest improvements in their statements before the Trial Court---Complainant claimed in his statement before the court that acquitted accused and absconding accused were told that if they came forward they would be killed---However, the said portion of the statement of complainant was not mentioned in his Fard-e-Bayan---Eye-witness claimed in his statement before the court that acquitted accused made firing upon one deceased, and present accused made firing upon other deceased---However, when statement of eye-witness was recorded under S. 161l Cr.P.C., before the police, he did not state a single word that the absconding accused made firing upon one deceased and present accused made firing upon the other deceased---Said willful and dishonest improvement was made by eye-witnesses in order to strengthen the prosecution case---In view of such improvements in the statements of eye-witnesses, it was not safe to rely upon their testimonies and to maintain the conviction and sentence recorded against the accused under capital charge---Such dishonest and deliberate improvement and omission made them unreliable and they were not trustworthy witnesses---Circumstances established that the prosecution had failed to prove the culpability of the accused through reliable, trustworthy and confidence-inspiring evidence--- Appeal against conviction was allowed, in circumstances.

ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

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