Mst. ARBAB KHATOON vs IMAM BAKHSH Ss — 2021 MLD 1286 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1286 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: Mst. ARBAB KHATOON vs IMAM BAKHSH 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

Mst. ARBAB KHATOON VS IMAM BAKHSH Ss.302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused were charged for committing murder of brother of the complainant by firing---Motive behind the occurrence was that a few days ago, hot words exchanged between the deceased and father of the accused persons---Prosecution in order to prove its case produced complainant, who was brother of the deceased and cousin of the deceased as eyewitnesses---Said witnesses stated that they identified the accused persons in the light of the electricity bulb---During cross-examination said witnesses stated that the accused made firing upon the deceased from a close range of 5/6 steps and they were also present with the deceased---Witnesses also alleged that all the accused made firing upon the deceased for two or three minutes---Mode and manner of the occurrence were shrouded in mystery and if the accused were to kill the deceased then why they left the witnesses alive as they had ample opportunity to do away with them---Witnesses were within the firing range of the accused that too when accused were allegedly armed with pistols and Kalashnikovs, which were automatic weapons---So escaping unhurt of the witnesses did not appeal to the prudent mind despite the fact that the distance between the deceased, the witnesses and the accused were given as 5/6 steps, from such a short distance how the witnesses remained safe---Prosecution had failed to point out any defect in the impugned judgment passed by the Trial Court---Appeal being devoid of merits was accordingly dismissed.

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