Dr. MUHAMMAD ARIF vs MUHAMMAD ANWAR Ss — 2022 MLD 1598 QUETTA-HIGH-COURT-BALOCHISTAN

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Dr. MUHAMMAD ARIF VS MUHAMMAD ANWAR Ss.324 & 34---Criminal Procedure Code (V of 1898), S.265-K---Attempt to commit qatl-i-amd, common intention---Power of court to acquit accused at any stage---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that the accused persons attempted to cause injury to the brother of complainant and when the complainant tried to rescue him, the accused persons made firing at him, due to which, he received a bullet injury---Acquittal order showed that the Trial Court had given the findings on the report of Medical Board, despite the fact that no evidence had been recorded---Trial Court acquitted the accused on the basis of the report of Medical Board---Medical Certificate issued by Medical Officer in favour of victim was bogus and fabricated one as no injury was caused by firearm to the victim and it was self-inflicted simple injury---Trial Court, in circumstances, would have examined the doctors in that behalf and then would have turned its conclusion as to whether the medical opinion issued by the Medical Board was rightly issued or it was a forged document---Question mark existed on the authenticity of the Medical Board and the Trial Court without considering the authenticity of the Medical Board acted in a haphazard manner---Medical certificate issued by the Police Surgeon in favour of complainant or subsequent constitution of the Medical Board the authenticity whereof at that stage could not be ascertained without recording evidence---Trial Court was not to make or express adverse remarks and observations relating to the antecedents, credibility and reliability of the medical certificate issued by the Police Surgeon and subsequently constitution of the Medical Board; in that manner, it was found that the appellant had been condemned unheard---Law favoured the disposal of cases on merits---Both the parties be provided opportunity to prove their versions by producing evidence---Duty of the court was not only to protect innocent but also to punish the guilty---Circumstances established that no fair opportunity was provided to the prosecution to prove its version by producing evidence---Appeal against acquittal was partly allowed and the case was remanded to the Trial Court accordingly. Head NotesCase Description

Dr. MUHAMMAD ARIF vs MUHAMMAD ANWAR Ss — 2022 MLD 1598 QUETTA-HIGH-COURT-BALOCHISTAN

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