MANDOKHAIL vs State Ss — 2021 YLR 1696 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 1696 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: MANDOKHAIL 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

MANDOKHAIL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Motive not proved---Effect---Prosecution case was that the accused and co-accused committed murder of the son of complainant by firing---Record showed that the complainant in his fard-e-biyan stated that eleven years ago the absconding accused with his companions killed his brother and due to non arrest of culprits he submitted an application for their arrest---Levies Authorities raided their house due to which they became furious/angry and threatened the complainant of dire consequences, but the record was silent in that regard---Complainant had not produced the copy of FIR in respect of murder of his brother---Complainant had stated the motive for commission of offence as old enmity---Complainant specifically alleged the motive for committing murder of his son---Prosecution failed to collect any incriminating evidence in order to prove the motive---Appeal against conviction was allowed, in circumstances.

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