MUHAMMAD AYUB vs State Ss — 2021 YLR 2200 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2200 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: MUHAMMAD AYUB 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

MUHAMMAD AYUB VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of witnesses---Scope---Accused were charged for committing murder of the son of complainant by inflicting dagger blows---Accused was convicted and sentenced to death, whereas the co-accused were convicted and sentenced to imprisonment for life---Ocular account of the incident had been furnished by three eye-witnesses---Record transpired that if the statements of said witnesses were taken into consideration together, it would become clear that the said witnesses had not told the whole truth---Testimony of the witnesses showed that they were present at the venue when the accused along with deceased came to the field, where other two co-accused caught hold of deceased---Accused caused dagger blows to the deceased---Witnesses were related to deceased family, but they remained silent spectators, did not attempt to rescue the deceased from the clutches of the accused party---Even the conduct of the witnesses was unnatural and could not appeal to the mind of prudent person---Witnesses failed to satisfy their presence at the scene of occurrence at the relevant time---Occurrence was taken place in the fields where the farmers and other persons were present---Prosecution did not attempt to record the statement of independent person---Circumstances established that the prosecution failed to discharge its responsibility of proving the case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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