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
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

MEER MUHAMMAD VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Delay in recording the statements of witnesses by the police---Effect---Accused was charged for committing murder of deceased persons by firing on the instigation of co-accused---Record showed that the names of the eye-witnesses did not figure in the FIR lodged by the complainant, and both the said eye-witnesses claimed to have seen the alleged occurrence---However, the statements of eye-witnesses under S. 161, Cr.P.C., were recorded with delay---Statement of one eye-witness was recorded under S. 161, Cr.P.C., on the next day of the occurrence---Complainant stated during cross-examination that he brought the witnesses to Levies Station for recording their statements on the next day of the occurrence---On the other hand, Risaldar Levies stated during cross-examination that the statement under S. 161, Cr.P.C. of one eye-witness was recorded five days after the alleged occurrence and no explanation whatsoever had come on record that why the statements of the said witness was recorded with delay---Said fact rendered the case of the prosecution extremely doubtful---Delay of even one or two days without explanation in recording the statements of witnesses was fatal for the prosecution and not worthy of reliance---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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