ALLAH BAKHSH vs State Ss — 2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: ALLAH BAKHSH vs State 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

ALLAH BAKHSH VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged that he along with his co-accused committed murder of the brother of the complainant---Motive was alleged to be previous enmity between the parties---Record showed that the complainant in cross-examination stated that he left his brother in injured condition and went to police station for registration of FIR---In cross-examination the witness replied that he returned back in half an hour to the place of occurrence and his brother was dead---Witness in his deposition contradicted the complainant---Witness stated that he and other witness shifted the injured from the place of occurrence---Injured died near the hospital---Witness replied that when the complainant came back he was present at the spot---Police reached the spot before shifting the injured to hospital---Witness stated that he, complainant and other witness had taken the injured to hospital, but before reaching hospital the injured died---Statements of the witnesses were not in line rather contradicting each other---Such glaring contradictions could not be ignored---Appeal against conviction was allowed, in circumstances.

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…
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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…

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