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

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Khuda Bakhsh VS State Ss. 302(b), 324, 337-a, 337-D, 337-F, 147, 148 & 149---Criminal Procedure Code (V of 1898), S. 161---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---Inordinate delay in recording the statements of witnesses by the police---accused were charged for making firing upon the complainant party, due to which three persons died whereas there sustained firearm injuries---Since the complainant was not an eye-witness, the prosecution's case relied heavily on the statements of four witnesses, including two injured witnesses, they were shifted to the Hospital in police van along with Police Officials---according to the statements of said witnesses, they met with police while conscious---However, the statements of said witnesses were recorded with a delay of two days after the alleged occurrence, while one of the witnesses was not injured and present at the same station and had meetings with Investigating Officer, he still did not request for recording of the statement nor did the Investigating Officer record his statement under S.161, Cr.P.C.---Investigating Officer recorded the statement of injured witness on 22.01.2022, 14 days after the alleged incident---Even if it was admitted that he became conscious on 10.01.2022, his statement was still delayed by 12 days, for which the Investigating Officer had not given any reason as to why it was recorded with such a delay---Recording the statement of the witnesses under S.161, Cr.P.C., at belated stage caused serious doubts on the version of the prosecution---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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