Kashmir alias Soba Khan vs State Ss — 2025 YLR 1401 QUETTA-HIGH-COURT-BALOCHISTAN

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Kashmir alias Soba Khan VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Improvements made by the witnesses in their statements---Consequential---Accused was charged for committing murder of the brother of complainant along with his wife---Co-accused was tried by the Trial Court in the first round, when the present appellant was an absconder in the challan and the case was kept dormant to his extent---In the first round the complainant recorded his statement on 09.08.2021 before the Trial Court and implicated the acquitted accused, the appellant, and other absconding accused with the allegation that they committed the murder of the deceased---When the appellant was arrested, the complainant again appeared before the Court on 02.07.2022, but he did not name the acquitted accused in his statement---When eye-witness appeared before the Court in the first round of the case, i.e., on 30.08.2021, he stated in his statement that the acquitted accused, absconding accused and others committed the murder of his father and stepmother---However, when the appellant was arrested, the said witness again appeared before the Court and got recorded his statement on 22:07.2022 and exonerated the acquitted accused in his statement and only stated that the accused/appellant and absconding accused committed murder of his father and stepmother---Therefore, the improvements made by complainant and eye-witness were substantial and were made with regard to crucial aspects of the prosecution evidence---By improving their previous statement, complainant and eye-witness impeached their own credibility---Appeal against conviction was allowed, in circumstances.

Kashmir alias Soba Khan vs State Ss — 2025 YLR 1401 QUETTA-HIGH-COURT-BALOCHISTAN

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