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GHUNGAR KHAN vs State Ss — 2022 PCrLJN 32 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJN 32 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Parties
GHUNGAR KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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

GHUNGAR KHAN VS State Ss. 302(b), 147, 148 & 149---anti-Terrorism act (XXVIII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Withholding material witnesses---Scope---Prosecution case was that accused and co-accused committed murder of brothers and nephew of complainant by pelting stones after having forcibly caught them---Record transpired that the complainant in her Fard-e-Bayan mentioned the names of two persons who were tied with ropes by the accused during the alleged incident but neither the names of said persons were mentioned in the column of witnesses in the challan nor they were produced before the court---Non-production of such important witnesses would cast adverse inference, which concluded that if the said witnesses had been produced they would not have supported the prosecution version---appeal against conviction was allowed, in circumstances. Head NotesCase Description

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