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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---No justification available for presence of witnesses at the place of occurrence---Unnatural conduct of the complainant---Scope---Accused was charged that he along with his co-accused committed murder of the brother of the complainant---In the present case, the conduct of the complainant was unnatural---Deceased was brother of the complainant, who due to firing sustained injuries and was in critical condition, but the complainant left the injured at the spot and went for registration of FIR---Human conduct was that firstly tried to shift the injured to hospital in order to provide medical treatment---From the conduct of the witnesses it could be judged that they were not present at the spot---Two armed persons fired upon deceased but did not harm the brother of the deceased and other eye-witnesses---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 MLD

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