Sona Khan vs State Ss — 2025 YLR 746 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 746 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Sona Khan vs State Ss
Subject matter: Criminal

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

Judgment text as reported

Sona Khan VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Cause of death not known---Accused were charged that they after kidnapping the son of complainant committed his qatl-i-amd---Prosecution witness, on 17.11.2019, informed the complainant that brother of appellant/accused informed him via cell phone that after committing murder of deceased, they threw the dead body in a jungle---On such information, complainant along with said witness and Levies Officials, proceeded as that place and identified the body, as that of deceased, with the help of shoes, clothes and hair---As per record, it was a complete skeleton with no flesh, so it was not possible to ascertain the cause of death---After about less than one month of the missing of deceased, when a skeleton was found, it was believed by the witnesses and the complainant to be that of deceased, but in absence of any evidence with regard to the attack of animals on the dead body of deceased, it was not believable that dead body of a human being became completely decomposed within a period of less than a month and converted into a complete skeleton---When cause of death could not be known on postmortem for the reason that only skeleton was produced before the doctor for conducting postmortem, the prosecution ought to have referred the dead body to an anatomy expert, which was not done in the present case, and this was a serious lacuna in the prosecution case---In absence of any ligature mark on the body, it was difficult to hold that the death was homicidal and not natural---Appeal against conviction was allowed, in circumstances.

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