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

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SARDAR MUHAMMAD VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions and dishonest improvements made by witnesses---Effect---Accused was charged for committing murder of his wife, who was daughter of the complainant---Ocular account of the incident had been furnished by the complainant, father of deceased and mother and sister of deceased---Admittedly, all the witnesses were related with each other---Nothing had been mentioned by the complainant in his fard-e-bayan that at the relevant time sister of deceased was present in the house of deceased---First Information Report was registered on 18th June 2020, while the accused was arrested on 28th June 2020 and after completion of investigation he was remanded to judicial custody on 13 July 2020, but the fard-e-bayan of complainant, his Court statement as well as the statement of sister of deceased were silent with regard to presence of sister of deceased in the house of accused or witnessing the crime---Occurrence was dated 18th June 2020, while this witness was introduced in the trial Court on 22nd October 2021 i.e. after delay of more than 16-months, when till that time not only the trial had commenced, but it was at the verge of conclusion as out of nine witnesses, the Trial Court had already examined eight witnesses and only the statement of Investigating Officer was remaining---Undoubtedly, the introduction of new witness could not be denied strict sensu, but certainly the scheme of law was bypassed by introducing and recording statement of a witness, who otherwise was not earlier in picture by the prosecution---Father, mother as well as sister of the deceased were well aware about the murder of their blood relation, but despite this fact none of the witnesses during investigation approached the Investigating Officer to record the statement of sister of deceased---Even otherwise, the 161, Cr.P.C. statement of sister of deceased as well as her examination in chief were silent with regard to her presence at the relevant time in the house of her sister---Apparently, the prosecution made an unsuccessful attempt to fill in the lacunas at belated stage and that too after lapse of 16-months, which otherwise had diminished the evidentiary value of the statement of sister of the deceased---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.

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

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