Khuda Bakhsh vs State Ss — 2025 YLR 2521 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Khuda Bakhsh VS State Ss. 302(b), 324, 337-a, 337-D, 337-F, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah, jaifah, causing hurt, rioting, rioting armed with deadly weapons, unlawful assembly---appreciation of evidence---Benefit of doubt---Delay of 55 hours in lodging the FIR---Consequential---accused were charged for making firing upon the complainant party, due to which three persons died whereas there sustained firearm injuries---Record reflected that in the instant case, the incident wherein the paternal cousin of the complainant was injured along with two others and three persons were done to death took place on 08.01.2022 at 01:15 p.m.---However, the matter was reported to the Police by the complainant on 10.01.2022 at 09:10 p.m., approximately more than 55 hours---admittedly, the complainant was not an eye-witness to the incident, the detailed were conveyed through injured witness who after regaining consciousness at Combine Military Hospital recounted the event that led to the filing of the FIR---Examination of the prosecution's case indicated that there were allegedly other eye-witnesses present at the scene along with injured witnesses---Said persons were reportedly conscious and present, but neither they nor the complainant took the imitative to lodge a police complaint---Moreover, it appeared that the complainant delayed filing the FIR to seek consultation and deliberation regarding fixing a responsibility on the accused party for the alleged incident, potentially in collaboration with injured witness---as stated by the complainant, injured witness was admitted to Hospital and the complainant, in pain, came from other District "S" to "Q" but did not bother to consult the other alleged eye-witnesses and injured witnesses available at "S" at the doorstep of the complainant---Said fact raised the possibility that the other injured and eye-witnesses were either deemed untrustworthy at that time or lacked sufficient knowledge of the assailants to identify them or they were not the eye-witnesses---Such considerations underscored the inherent complexities for the situation and introduced reasonable doubt regarding the credibility of the complainant's accounts particularly as it appeared influenced by injured witness, which ultimately called into question the reliability of the prosecution's case---Even otherwise, said injured witness was present at "S" initially and Medical Officer examined him and other injured witnesses---Medical Officer had not mentioned that they were unconscious, nor did Medico-Legal Certificates issued to said injured witness and other injured witnesses revealed such a fact---although the police arrived at the place of occurrence soon-after the incident and were also shifted to the hospital by the Police at that time, none of the witnesses, victim of the alleged incident, requested the police to lodge the FIR---Record further revealed that the prosecution had not produced the documents of treatment of injured witness to be admitted to Hospital---These were substantial documents that could substantiate the claim that he was being admitted to Hospital and the same could also verify whether he was unconscious, and if so, when he came in conscious---Investigating Officer recorded statement of injured witness under S.161, Cr.P.C., on 22.01.2022 instead of 10.01.2022---as such, the delay had not properly been explained by the prosecution in reporting the matter to the police---Such delayed FIR on the part of the complainant showed dishonestly and that it was lodged with deliberation and consultation---Circumstances established that the prosecution had failed to establish its case against the appellants beyond any shadow of doubt---appeal against conviction was allowed, accordingly.

Khuda Bakhsh vs State Ss — 2025 YLR 2521 QUETTA-HIGH-COURT-BALOCHISTAN

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