1. ' SAIDUZZAMAN SIDDIQUI, J---The petitioner is seeking leave to appeal against the judgment of Balochistan High Court dated 3-3-1994 whereby the sentence of life imprisonment awarded to the petitioner by the trial Court in a case under section 302/34, P.P.C. Was confirmed.
2. ' Mr. Yahya Bakhtiar, the learned counsel for the petitioner while seeking leave to appeal contended that besides inconsistency in the prosecution case and the improvement made by the prosecution witnesses at the trial which destroyed the credibility of the case set up by the prosecution, the Court also approached the case in a manner which negated the principle of safe administration of justice in criminal cases. The learned counsel referred the following observations made by the learned Judges of the Division Bench of Balochistan High Court in the impugned judgment: ' Before making any critical evaluation of the evidence adduced on behalf of the prosecution, let we mention in the outset that the alleged occurrence took place in the remote Town of Chaman which falls within the territorial jurisdiction of 'B' area wherein modern investigational techniques are yet to be developed, which resulted into various flaws and the investigation conducted is not up to the mark as the Investigating Officers i,e. Tehsildars and Naib-Tehsildars are not well- conversant with the complex and somewhat exhaustive procedure as envisaged in the relevant provisions of Cr.P.C., but the advantage whereof cannot be given to the accused for the simple reasons that the flaws occurred either due to the slackness, laxity, ignorance, due to non- availability of modern techniqes or lack of requisites knowledge and, of course, is somewhat different than that of the concept of benefit of doubt. After the promulgation of regular law some time will have to be consumed to improve the existing prevalents standard pertaining to the investigational skill, legal knowhow and efficiency. There will be a gradual change but during transactional period, some concession will have to be given in the interest of justice. We are, therefore, inclined to condone delay which had occurred during investigation such as delay in getting the statements of prosecution witnesses recorded, the mode how they had approached to Investigating Officer, and the non-recovery of pellets during autopsy of the dead body. It must be kept in mind that in a tribal set-up where klashnikov culture has been entrenched deeply and more so, keeping in view the deteriorated law and order situation, no one can be forced by Tehsildar/Investigating Officer to come forward and get his statement recorded. Even in the areas where regular law is in force, the reluctance of General Public in such eventualities is no more a secret and judicial notice whereof has been taken time and again. In this background if the complainant brought the prosecution witnesses, it makes hardly any difference and no adverse inference can be drawn. The regular legal system is somewhat complicated and sophiscated for a simple trial society which will certainly take some time to get accustomed to intricate ways of life and thought."
3. After hearing the learned counsel for the petitioner, we are inclined to grant leave to consider whether the appraisal of evidence and the approach of the learned Judges in the case was in keeping with the principles of safe administration of justice in criminal cases.