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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

KHUSHHAL VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Contradictions---Prosecution case was that the accused along with his 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---Record showed that the sole eye-witness produced by the prosecution was the complainant, who was also brother of the deceased---Complainant had claimed that on his screaming, his uncle and another person had also attracted to the place of occurrence, however, the prosecution had failed to produce and examine the said witnesses in support of accusation---Instead of providing support to the ocular account, the medical evidence produced by the prosecution had gone a long way in creating dents in the case of prosecution---Occurrence had taken place at 1:30 a.m. while the examination of the dead body had been conducted by Medical Officer after eleven hours of the death of the deceased giving rise to an inference that the time had been consumed by the complainant party and the local police in cooking up a false story---Astonishingly, firing had been attributed to as many as six persons while the deceased had sustained a single firearm injury---Medico Legal Certificate showed that the dead body of deceased was brought to the hospital by the police authorities that too after eleven hours of the occurrence---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported

Other judgments reported in 2021 YLR