Changaiz Khan vs State Ss — 2025 MLD 205 QUETTA-HIGH-COURT-BALOCHISTAN

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Changaiz Khan VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Non-production of recovery memos.---Consequential---Accused were charged for committing murder of two sons of complainant and also causing firearm injuries to his two other sons---Prosecution had failed to exhibit the written application of complainant---Complainant of the instant case died during trial, but as per deposition of the Investigating Officer of the case, he reduced into writing the fard-e-bayan of complainant---Prosecution too failed to exhibit the fard-e-bayan, which made the prosecution case doubtful---As per prosecution's version the Investigating Officer inspected the site on the alleged day of occurrence and took into possession bloodstained earth, one empty of TT pistol through recovery memos in the presence of witnesses---Neither the recovery memo. of bloodstained earth, nor the recovery memo. of empty of TT pistol was brought on record during the trial---Prosecution also failed to explain as to why both the recovery memos were not produced during the trial---Record further transpired that prior to the arrest of appellants, accused "AB" was arrested and challaned---After full-fledged trial, said accused was acquitted of the charge and his acquittal was challenged before the High Court, but the same was dismissed---Judgment of the High Court had not been challenged as yet---During previous round, the injured and an eye-witness were produced before the trial Court, but after arrest of the appellants, both the said witnesses were not produced by the prosecution---Prosecution failed to produce any single document which could prove the stance of both the witnesses---Circumstances established that the prosecution had failed to prove its case against the appellants---Appeal against conviction was allowed accordingly.

Changaiz Khan vs State Ss — 2025 MLD 205 QUETTA-HIGH-COURT-BALOCHISTAN

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