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

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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---Presence of eye-witnesses at the spot doubtful---Chance witnesses---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---Presence of the said alleged two witnesses at the spot became doubtful because they were chance witnesses and were residents of place "D"---According to the contents of the FIR, neither said witnesses informed the complainant about the occurrence, nor were their names mentioned in the report lodged by the complainant---One eye-witness stated during cross-examination that he was studying in a school at place "D" as a regular student---Said witness further stated during cross-examination that the schools opened from the month of September and that during November, he was a student at "D"---Witness voluntarily stated that he was on one month's leave in December---On the other hand, the occurrence took place in the month of November---Furthermore, both the said witnesses stated in their statements that after the occurrence, they went to the house of the complainant situated at place "M" and informed the complainant about the occurrence, but on the other hand, the complainant did not state in his report that said witnesses informed him about the occurrence---Alleged occurrence took place in "Q", which was 272 Kilometers from place "D" where witnesses resided---Both the said witnesses had not given any plausible explanation for their presence at the place and time of occurrence---Witnesses had no place of business near the place of occurrence; therefore, both the said witnesses were chance 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.

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

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