Mehboob S/O Dad Shah vs Masood And Another

Balochistan High Court · 2022 · Before Hon'ble Justice Iqbal Ahmed Kasi

IQBAL AHMED KASI, J.- Since both the appeals i.e. Criminal Acquittal Appeal No. 614 & 618 of 2021 are arising out of the same FIR, hence are being disposed of through this common order.

2. Brief facts of the case are that on 03.11.2017, at about 07:00 p.m., FIR No. 135 of 2017 was registered with Levies Station, Chaman, on the complaint of Mehboob Ali (appellant) with the averments that on 21.04.2017 his son, namely, Fida Muhammad alongwith his companion Asmatullah were coming from Quetta to Chaman, in a 2OD car and when they reached at old Chaman near Madrassa, a truck coming from opposite side, collided with their car, due to which his son Fida Muhammad and his companion Asmatullah died. It is further alleged by the complainant that initially the Levies authorities, arrested the truck driver and his cleaner and also taken the truck in custody, but later on he was informed that the driver, cleaner and the truck had been released by them without his consent, then, he lodged the instant FIR against the culprits. Criminal Acquittal Appeal Nos. 614 & 618 of 2021 2 Only for viewing purpose. Contact office for certified copy.

3. After arrest of the accused persons, namely, Masood son of Naik Dad and Azizullah son of Abdul Ali alias Lalai, investigation was carried out and on completion of the usual investigation, challan of the case was submitted before the Sessions Judge, Killa Abdullah at Chaman (‘the trial Court’).

4. The trial Court read over the charge under Section 337-G, 320, 319, 279 Q&D read with Section 427 PPC, to the accused persons (respondents in both cases) separately, to which they pleaded not guilty and claimed trial.

5. The prosecution in order to prove its case produced PW-1 Mehboob, PW-2 Abdullah, PW-3 Abdul Kareem and PW-4 Dr. Akhtar Muhammad, Medico Legal Officer. Meanwhile the respondents filed applications under Section 265-K Cr.P .C.for their pre-mature acquittal. The trial Court after hearing both the sides, allowed their applications and vide separate orders dated 20th November 2021 and 3rd December 2021 (‘the impugned orders’) acquitted them from the charge, hence these appeals.

6. Learned counsel for the appellant stated that the trial Court has passed the impugned orders in hasty manner without providing proper opportunity to the appellant to establish his case against the respondents. He further stated that the PW-3 has fully supported the case of the appellant, but the learned trial Court while discarding his version has passed the impugned orders, which are illegal, unlawful and requires interference by this Court. Criminal Acquittal Appeal Nos. 614 & 618 of 2021 3 Only for viewing purpose. Contact office for certified copy.

7. We have heard the learned counsel for the appellant and have minutely perused the available record, which reveals that besides deceased persons, two other persons namely, Bacha Khan and Azizullah were also accompanying them at the time of the alleged incident. The injured Bacha Khan, while recording his statement under Section 161 Cr.P .C.

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