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---Delay in recording the statements of witnesses---Consequential---Accused were charged for committing murder of two sons of complainant and also causing firearm injuries to his two other sons---Complainant was not examined during course of trial due to his natural death---Case of prosecution hinged upon the statements of three eye-witnesses---One of the eye-witnesses was injured in the incident---Both the eye-witnesses were present at the place of alleged incident, whereby, eye-witness shifted the injured and deceased persons to hospital and the Police Officials, but the statements under S.161, Cr.P.C., of these witnesses were recorded by the police with the delay of about 8/10 days---Such fact was also admitted by other witnesses---Recording of statements of the witnesses under S.161, Cr.P.C., at belated stage caused serious doubts in the version of prosecution---In the case in hand, no plausible explanation was rendered by the prosecution as to why the statements of star witnesses were recorded after such delay---Record further revealed that the Investigating Officer met all the witnesses in hospital after the occurrence and thereafter the witnesses were present in "Q", but at such time he did not bother to record the statements of the witnesses to avoid latches---Injured witness of the alleged occurrence was the star witness---Record reflected that during investigation, statement of injured witness under S.161, Cr.P.C., was not recorded by the Investigating Officer and that fact was also admitted by the injured---Evidence of witness whose statement had not been recorded during the investigation, was not worth of reliance---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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