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---Medical and ocular evidence---Conflictions---Scope---Accused were charged for committing murder of brother of the complainant by firing---Record showed that the medical evidence was in conflict with the ocular evidence and the seat of injuries hardly explained that they were caused by using firearms, i.e. Kalashnikov and pistols---Medical Officer who examined the deceased appeared before the court and stated that he noticed thirteen injuries on the dead body of the deceased---Said witness further stated that all the injuries sustained by the deceased were pallet injuries---Injuries were one cm in diameter and such injuries could be caused due to .12 bore shotgun---On the other hand, when eyewitnesses appeared before the court, they stated that the accused persons were equipped with Kalashnikov and pistols and they made firing upon the deceased---None of the witnesses stated that any of the accused was armed with .12 bore shotgun---Investigating Officer recovered eight bullet empties of Kalashnikov and nine bullets empties of .30 bore T.T pistol from the place of occurrence---No empties of a .12 bore shotgun were taken into possession by the investigating Officer from the place of occurrence---Said shortcomings led to anomaly between medical and ocular evidence, which could legitimately be resolved in favour of the defence---Circumstances established that the 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.

Other judgments reported in 2021 MLD

2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTANALLAH BAKHSH VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of about ten days…
2021 MLD 790 SINDH-REVENUE-BOARDMUHAMMAD AKRAM VS DOORO S.161---Colonization of Government Lands (Sindh) Act (V of 1912), S.10---Issue of statements of conditions of tenanc…
2021 MLD 790 SINDH-REVENUE-BOARDMUHAMMAD AKRAM VS DOORO arts. 4, 189 & 201---Right of individuals to be dealt with in accordance with law---Decisions of Board of Revenue---…
2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTANALLAH BAKHSH VS State Medical evidence---Scope---Medical evidence was not corroborative rather it only confirmed ocular account with regard…
2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTANALLAH BAKHSH VS State Benefit of doubt---Principle---Conviction must be found on unimpeachable evidence and certainty of guilt---Any doubt a…
2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTANZAHID VS Mst. SADIA S.13---Constitution of Pakistan, Arts. 23 & 24---Right of property---Scope---Eviction application---Bona fide personal n…

Back to the case-law library · Search Pakistani case law in Urdu or English