ABDUL WADOOD vs State Ss — 2021 YLR 560 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL WADOOD VS State Ss. 302(b), 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rioting armed with deadly weapons---appreciation of evidence---Benefit of doubt--- Defective investigation---Injured prosecution witness, evidence of---Scope---accused persons were alleged to have made indiscriminate firing, set ablaze 6-7 vehicles and shops resultantly one person was murdered and others were injured---Prosecution failed to establish that the vehicles and shops belonged to complainant party and Investigation officer also did not inquire about from any independent witness despite the fact that alleged occurrence had taken place at a thickly populated area---Neither statements of owners of vehicles nor of shops which were set on fire were recorded by investigation officer---Crime empties were not sent to Forensic Science Laboratory and it could not be determined as to how many accused persons made firing---Investigation was not conducted diligently and investigation officer failed to associate any independent person from the locality other than the relatives and tribesmen of the complainant to dig out the truth---Witnesses of ocular account though had a stamp of injuries on their persons yet they failed to prove their truthfulness during trial---Complainant took sufficient time in lodging crime report after going through the reports of postmortem examination as well as medico-legal reports of injured witnesses and also after consultation and deliberation---Dead body and injured witnesses were examined prior to registration of FIR---Prosecution had managed eye-witnesses as well as prosecution story---Prosecution failed to prove charge against accused persons beyond shadow of doubt and benefit of doubt favoured accused persons---High Court set aside conviction and sentence awarded by Trial Court and both the accused persons were acquitted of the charge---appeal was allowed in circum-stances.

ABDUL WADOOD vs State Ss — 2021 YLR 560 QUETTA-HIGH-COURT-BALOCHISTAN

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