MEER MUHAMMAD vs State Ss — 2023 PCrLJ 885 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 885 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MEER MUHAMMAD 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

MEER MUHAMMAD VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Delay of seven hours and forty minutes in lodging the FIR---Effect---Accused was charged for committing murder of deceased persons by firing on the instigation of co-accused---Record showed that the alleged occurrence took place at 10:30 a.m.---First Information Report was lodged on the same day at 6:10 pm with an unexplained delay of seven hours and forty minutes despite the fact that the distance between Levies Station and place of occurrence was 65/70 kilometers, but no explanation whatsoever had been furnished by the prosecution for such delay---Furthermore, it could be inferred from the statements of the witnesses that it was only after consultation and concert that the oral statement of the complainant was prepared and the same was neither prompt nor spontaneous, hence worthy of no reliance---In that regard, an inference against the prosecution witnesses had to be drawn---Circumstances established that the prosecution had failed to establish the culpability of the accused in the present case through reliable, trustworthy and confidence inspiring evidence---Appeal against conviction was allowed, in circumstances.

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