DAD MUHAMMAD vs State Ss — 2023 YLR 1595 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1595 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: DAD 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

DAD MUHAMMAD VS State Ss. 302(b), 324, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Benefit of doubt---Credibility of the eye-witnesses doubtful---Delay in lodging FIR---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---Complainant was not an eye-witness to the alleged occurrence, but the FIR was lodged by him---For the sake of argument, if it was presumed that eye-witnesses were present at the place of occurrence, then naturally, they could have lodged the report promptly, but they did not do so---Thus, it seemed that they were not present at the place of occurrence---First Information Report was lodged with a delay of one and a half hours without any plausible explanation, which too created doubt on the credibility of the said eye-witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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