JUMA KHAN vs State Ss — 2022 PCrLJ 1083 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 1083 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: JUMA KHAN 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

JUMA KHAN VS State Ss. 320, 337-G, 427 & 279---Qatl-i-khata by rash and negligent driving, hurt by rash and negligent driving, mischief and thereby causes loss or damage to the amount of fifty rupees or upward, rash driving or riding on a public way---Appreciation of evidence---Prosecution case was that the accused while driving car hit a motorcycle, upon which a man and a lady, received serious injuries and resultantly man expired---Record revealed that none of the prosecution witnesses stated that the accused was driving rashly and negligently---Sole ocular witness/injured lady did not state that the accused was driving rashly and negligently, she only stated the fact of the occurrence---Occurrence had not been denied---Collusion between car and motorcycle had to determine factor because mere high speed could not put responsibility of driver for the accident until and unless established that the accused was driving rashly and negligently---Court had to see contributory negligence of the driver of the second vehicle/motorcycle as well---In the present case, the Trial Court had overlooked that aspect and passed the impugned judgment which was based on presumption---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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