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

Case information

Citation: 2023 YLR 976 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD TAHIR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 173

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

MUHAMMAD TAHIR VS State Ss. 302(b), 147 & 149---Qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Benefit of doubt---Scope---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by inflicting knife blows---From detailed analysis of prosecution evidence, it transpired that the ingredients of conspiracy and pre-planned attack were not found---Admittedly, the elders of rival groups were settling the dispute amicably and even had reached at a compromise but it transpired that at the heat of the moment, to show their strength, brawl took place and resulted into free fight in which both parties received injuries---Both parties made allegations against each other and deliberately attempted to portray themselves as innocent---In the given circumstances, it was extremely hard to find the truth as even Investigating Officer did not venture to give definite findings against the actual culprits and sent reports under S.173, Cr.P.C., against both the parties---Trial Court conducted separate trials of both the parties (as separate Challans were Submitted) but instead of arriving at definite conclusions regarding actual aggressors convicted the accused in the case and also convicted the person who belonged to the complainant party so role of present accused in the whole episode was shrouded in mystery, due to unreliable, highly interested alleged eye-witnesses so no definite findings for the purpose of upholding the conviction could be arrived at---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.

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