MUHAMMAD RAMZAN vs State Ss — 2023 YLR 373 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD RAMZAN VS State Ss. 394 & 34---Robbery, common intention---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---accused was charged that he and co-accused made firing upon the complainant party, due to which uncle of complainant sustained injury and they also took Rs. 10,00,000/ from the dash board of the vehicle of complainant---Record showed that the statements of witnesses were not in line with each other---Complainant stated that after the occurrence they proceeded to the police station, while injured had not supported the contention of the complainant and stated that the police immediately reached at the site, took him to hospital---Complainant and injured were alleged to be eye-witnesses and seemed to be together at the time of occurrence but they narrated story differently---Statements of the prosecution witnesses were contradictory to each other---Such contradictions could not be unattended and it seemed that the witnesses were not accompanied each other---Even it could not be believable that the Bank official refused to deposit rupees one million---Contradictions of the witnesses could not be lightly ignored---Said witnesses stated that the bullet hit finger of right foot of injured witness---Investigating Officer took into possession sleeper which was not stained with blood---as per prosecution the accused made firing from short distance, while Medical Officer stated that the wound was at 90 angles---another piece of evidence against the accused was pointation of the place of occurrence and recovery of motorcycle---Prosecution had neither recorded the statement of neighbour in order to confirm whether the house was owned by the accused, nor sought report from the revenue department in regard of ownership of the house---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

MUHAMMAD RAMZAN vs State Ss — 2023 YLR 373 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2023 YLR