Case Details

Citation(s)
2018 SLG 1367 2018 SLD 1367 2018 MLD 1190
Balochistan High Court
Cr. A. No. (s) 127 of 2017, decision Dated: 18-12-2017, hearing Date : 30-11-2017.
ABDULLAH BALOCH, JUSTICE
Shah Muhammad Jatoi for Appellant. Jamil Akhtar Gajani, D.P.G. for the State.

SOOMAR KHAN

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Charge against accused was that he, along with co-accused persons, armed with Kalashnikov fired upon son of complainant, who received bullet injury on his arm and fell down---Ocular account was furnished by complainant of the case, who reiterated the contents of fard-e-bayan---Statement of the complainant was silent with regard to specific time of the occurrence---Complainant had mentioned the date of occurrence as 10th April, 2017 in her fard-e-bayan and said date was also recorded in the FIR---Complainant, in her cross-examination had admitted that she firstly took the injured to the hospital---Complainant, thereafter went to Tehsil Office, but did not find present the Tehsildar and on the following day again she went to Tehsil Office and met with the Tehsildar by submitting fard-e-bayan for registration of FIR---Admittedly, the occurrence had taken place on 10th April 2017 and according to the statement of the complainant the FIR could not be lodged on the said date due to absence of Tehsildar but the same was registered on the following day, but the date of occurrence and the date of registration of FIR as mentioned in the FIR was 10th April, 2017---Said aspect created doubt in the case of prosecution that if the complaint was filed on the following day of occurrence, then under such circumstances how it was possible to lodge the FIR prior to filing of complaint---Statement of complainant reflected that all the investigation proceedings were carried out by the Investigating Officer on the following day of the occurrence and till that time, the injured was discharged from hospital---Injured witness contradicted the statement of complainant by deposing that on the day of occurrence, the Tehsildar took him to hospital for treatment in his official vehicle---Injured witness, during his cross-examination stated that he was taken to the hospital by police---Injured witness stated that Tehsildar visited the site at 5.00 p.m. while complainant had stated that the Tehsildar visited the site at about 3.00…
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