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
Provisions referred to: S. 161

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 in recording statements of witnesses---Effect---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---Record showed that the statement under S. 161, Cr.P.C., of injured witness was recorded after a delay of four months from the occurrence---Statements under S. 161, Cr.P.C. of eye-witnesses were recorded after a delay of ten days after the occurrence---Prosecution had failed to furnish any plausible explanation in that regard---Said aspect of the case rendered the case of the prosecution extremely doubtful---Said witnesses remained mum for a long time and recorded their statements under S. 161, Cr.P.C. with considerable delay---Delay of even one or two days without explanation in recording the statements of witnesses had been found fatal for the prosecution---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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