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---Mode and manner of the occurrence not appealing---Scope---Accused was charged for committing murder of the brother of complainant along with his wife---Perusal of the record showed that in support of the allegation, the prosecution produced the sole eye-witness/son of male deceased---Said witness deposed that the accused persons locked them in the room and committed the murder of his father and stepmother by hitting them with tyre lever rod/iron rods; that accused persons threw the dead bodies in the other room and escaped from the spot by taking his brother and three sisters with them---Complainant did not state a single word about whether eye-witness called him and informed him about the alleged occurrence or when he reached Police chowki, he was informed by eye-witness about the incident---Police also reached the place of occurrence before registration of the FIR, but the report was not lodged on the complaint of eye-witness, nor was his statement under S.161, Cr.P.C, recorded---On the other hand, statement of said witness was recorded under S.161, Cr.P.C, after registration of the FIR---Had eye-witness been present or witnessed the alleged occurrence, he would have informed the police or the complainant straight away about the occurrence---If the statement of the said witness was believed to be true for a moment, then the question arose as to how and why the appellant, acquitted accused and absconding accused spared him and did not even try to kill him when they could have easily killed him because he was empty handed and at their mercy coupled with the fact that he could depose against the accused persons as an eye-witness being the son of the deceased---Mode and manner of the occurrence advanced by the prosecution witness was not appealable to a prudent mind---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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