Citation Name: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Waqas vs State S — 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Waqas vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 164---Q; Criminal Procedure Code (V of 1898)

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

Citation Name: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Waqas VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Scope---Accused was charged that he along with his wife committed murder of the son, daughter-in-law and grandson of complainant---Record showed that confessional statement of the accused was recorded purportedly on 24.08.2022, i.e., 7th day of his arrest---Judicial Magistrate testified and affirmed that he recorded the confessional statement of accused on 24.08.2022---As per confessional statement, the accused made a single fire shot from the rifle, which pierced into the neck of the deceased son of complainant, making an exit by hitting daughter-in-law of complainant, thus according to accused both of the them died due to fireshot wounds, but the medical evidence did not affirm the story of accused, rather belied him---Medico-Legal Certificate of deceased son of complainant showed an entrance wound on the left side of his neck, making an exit on the right side of his neck, but the Medical Officer observed otherwise---Medical evidence absolutely negated the death of the female deceased by any firearm rather the Medico-Legal Certificate clearly showed that she was strangulated---Accused in his confessional statement nowhere stated that female deceased was ever strangulated by him, meaning thereby that he had not come forward with the truth, and as such, it could be gathered that his confessional statement was not voluntary and truthful, having no consonance with the other circumstantial evidence---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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