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---Delay of one and half hours in lodging FIR---Scope---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---Alleged occurrence took place at 9:30 a.m., and the FIR was lodged on the same date at 11:00 am with a delay of one and a half hours---Distance between the place of occurrence and the police station was about two and a half kilometers, but no explanation whatsoever had been furnished by the prosecution for such delay---Furthermore, it could be inferred from the circumstances and statements of the witnesses that it was only after consultation and concert that the oral statement of the complainant was prepared, and the same was neither prompt nor spontaneous, hence worthy of the no reliance---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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