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ALLAH MUHAMMAD vs State Ss — 2021 PCrLJ 1788 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJ 1788 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
ALLAH MUHAMMAD 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 MUHAMMAD VS State Ss. 302(b), 337-a(i), 337-F(i) & 34---Qatl-i-amd, shajjah-i- khafifah, ghayr-jaifah-mudihah, common intention---appreciation of evidence---Sentence, reduction in---Prosecution case was that the accused persons attacked on complainant with dandas, due to which he received injuries on his head, wife of the complainant came after him to rescue, but co-accused made fire which hit his wife she did---Record showed that injured witness and ocular witness stated that the accused caused stick blows to complainant due to which he sustained injuries---Medical Officer had issued Medico Legal Certificate---Sticks were not recovered---Mere non recovery of sticks could not absolve the accused from the act committed by them---Circumstances established that the prosecution had proved its case to the extent of injuries caused by accused persons to complainant---Record depicted that the accused neither fired any bullet nor shown with any arm, benefit of doubt was extended to the accused persons and offence under Ss. 302 & 324, P.P.C. to the extent of accused persons were not made out, therefore their conviction to the extent of Ss. 302 & 324, P.P.C. were set aside and they were acquitted of the charge, however, there was sufficient evidence on the record to prove charge under Ss. 337-a(i) & 337-F(i), P.P.C. against the accused persons, which conviction and sentence were maintained, in circumstances---With said modifications in the conviction and sentence, appeal against conviction was disposed of accordingly.

Other judgments reported in 2021 PCRLJ

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