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---Contradiction in the statements of witnesses of ocular account---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---Record showed that the testimony of ocular account was contradictory with each other---Witness of ocular account stated that he along with three others including remaining witnesses of ocular account had taken the deceased to the hospital---Other witness of ocular account stated that he was present in bazar at the relevant time, whereas another witness stated that he and one other witness had taken the deceased to the hospital---Said fact transpired that the witnesses were not accompanying each other at relevant time therefore, they transposed as eye-witnesses---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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