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
Provisions referred to: S. 103

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---Recovery of different articles---Accused were charged that they after kidnapping the son of complainant, committed his qatl-i-amd---Record showed that, on 17.11.2019, the alleged dead body was recovered from the jungle on the pointation of appellants---On 02.12.2019, one spade was recovered from the jungle area---On 03.12.2019, again on the disclosure of appellant, the SIM of deceased was recovered from the said area---On 04.12.2019, cell phone of deceased was allegedly recovered on the pointation of appellant---Such recoveries did not appeal to a prudent mind, as the question was as to why the said recoveries were not made is one day, which showed that the prosecution just to improve the case, day to day, recovered the above articles---Furthermore, all the witnesses, regarding recovery of handkerchief from the house of appellant, with which the deceased was strangulated, were totally silent---Beside that, at the time of the said recoveries, no one from the general public was associated as a mushir, which was clear-cut violation of S.103, Cr.P.C., and thus, such recoveries became highly doubtful---Appeal against conviction was allowed, in circumstances.

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