MUHAMMAD TAHIR vs State Ss — 2023 YLR 976 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 TAHIR VS State Ss. 302(b), 147 & 149---Qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Related witnesses---Scope---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by inflicting knife blows---Minor quarrel of the deceased with the accused was stated to be the motive behind the occurrence---Ocular account of the incident had been furnished by the brothers and cousins of the deceased---Relationship of eye-witnesses with the complainant party though did not cast aspersions upon their veracity in case their statements were proven natural and no animosity or personal interest of eye-witnesses was involved---However, such witnesses should not be inimical and they should not have their own axe to grind against the opposite party---As per peculiar circumstances of the case, all the eye-witnesses were not only extremely inimical but they had to save their own skins as they were nominated accused in the same incident as per version of the accused party---Keeping in mind that the incident took place in thickly populated area and presence of independent, impartial witnesses mainly neighbors had been admitted by the prosecution witnesses so much so as per statement of Official Witness, few people present at the place of the incident wanted to record their statements, which statements were not recorded and in very mechanical manner individuals, who were extremely hostile and volatile against each other, were made witnesses and the impartial and independent account of actual incident, regarding true facts viz-a-vie which party was actual culprit and aggressor was missing---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD TAHIR vs State Ss — 2023 YLR 976 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2023 YLR