SARDAR MUHAMMAD vs State S — 2023 PCrLJ 964 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 964 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: SARDAR MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

SARDAR MUHAMMAD VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Benefit of doubt---Presence of witnesses at the spot doubtful---Scope---Accused was charged for committing murder of his wife, who was daughter of the complainant---Admittedly, the statement of complainant and sister of deceased were not helpful to the case of prosecution as none of the witnesses were present at the relevant time at the place of occurrence and apparently they did not see the accused committing the murder of deceased---Mere past strained relation of spouses was no ground to hold accused responsible for future mis-happening, while the statement of sister of deceased, who claimed to be the eye-witness of the occurrence also had no evidentiary value, who otherwise kept mum for complete 16-months and during intervening period she was not produced before the Investigating Officer---Such silence of the said witness had cast serious doubt about the involvement of the accused---Circumstances established that the prosecution had failed to prove the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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