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---Dishonest improvements made by witness---Effect---Accused were charged for committing murder of the complainant brother and nephews and a labourer due to previous enmity---Record showed that the dead bodies of the injured were shifted to the hospital by the police---On the day of occurrence, injured neither told the name of the accused to the police nor to the complainant---According to the medical certificate of the injured, he was discharged on 10.12.1995 from the hospital and his statement was recorded under S. 161, Cr.P.C., on 26.03.1996 after a delay of four months---When the injured appeared before the court in the trial of the accused in absentia, he did not mention the name of the accused in his statement, and when after nineteen years, he appeared before the trial court, he named the accused---Injured witness had contradicted his own statement because when he appeared in the first round, he stated that the assailants were three in number with muffled faces---Since the accused were booked in the instant case in the FIR on the basis of suspicion, therefore, the improvement made by injured witness was substantial and was made with regard to a crucial aspect of the prosecution evidence---By improving his previous statement, injured witness impeached his own credibility---Injured witness introduced a dishonest, blatant and substantial improvement to his previous statement and was duly confronted with his former statement, hence his credibility stood impeached and could not be relied upon on being proved to have deposed with a slant, intended to mislead the court---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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