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

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MEER MUHAMMAD VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Accused was charged for committing murder of deceased persons by firing on the instigation of co-accused---Conduct of complainant and eye-witnesses, who were cousins of the deceased, was strange as instead of shifting the dead body of the deceased and injured (deceased) to the hospital, they kept waiting for Levies Officials for taking the deceased and the injured to the hospital---Had they been present at the spot at the time of the alleged occurrence, they must have taken the deceased and injured either to the hospital or to Levies station, which admittedly was not done---If it was presumed for a moment that personally they were unable to take them to the hospital then, they could at least have deputed someone else for the purpose rather than waiting for the Levies Officials on the spot to take the deceased and the injured to the hospital---Ordinarily, from complainant and eye-witnesses, being cousins of the deceased, one did not expect such conduct---Complainant was not an eye-witness of the alleged occurrence, but the FIR was lodged by the said witness---If it was presumed that eye-witnesses were present at the place of occurrence, then naturally, they would have gone to lodge the report promptly, but they did not do so---Thus, it seemed that said eye-witnesses were not present at the place of occurrence---Furthermore, the FIR was lodged with a delay of seven hours and forty minutes without any explanation, which created doubt in the credibility of the said two witnesses---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.

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

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