KHUSHHAL vs State S — 2021 YLR 1579 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 1579 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: KHUSHHAL vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

KHUSHHAL VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Night-time occurrence---Source of light---Scope---Prosecution case was that the accused and co-accused persons tried to take away two bullocks of complainant, when they tried to catch accused persons, they started firing, as a result brother of complainant got injured, and succumbed to the injuries---Incident statedly had taken place at about 1:30 a.m. in the mid of March, 2010, at a distance of 150/200 paces from the house of complainant in absence of light---Although the prosecution had mentioned availability of electric light at the house of complainant yet admittedly no electric bulb had been secured during the investigation of the case---Identification of the culprits by the complainant and attribution of a specific injury to the deceased, in circumstances, was a claim too tall to be accepted---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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