RAFAAT SHAH vs State S — 2022 PCrLJN 39 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

RAFAAT SHAH VS State S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Contradictions---Accused was charged that he hit the brother of complainant with a stone on his head, due to which he succumbed to the injuries---In the present case, the medical certificate showed that there was swelling on the right temporal region of scalp of the deceased---Medical Officer stated during cross-examination that there was no skin ruptured which meant that no injuries extended to the body cavity of the deceased and there was only swelling---In the medical certificate, the cause of death of the deceased was mentioned as head injuries and Cardiorespiratory failure---Cause of death of the deceased was doubtful as the medical certificate had also contradicted the ocular evidence of complainant who stated in his report that accused hit the head of deceased repeatedly with a stone---On the other hand, according to medical certificate, the deceased received only one injury i.e. swelling on right temporal region of scalp which also created reasonable doubt in the prosecution case---Alleged stone was taken by the Investigating Officer from the place of occurrence on the day of occurrence but there was no sign of blood on the said stone---Circumstances established that conviction passed by the Trial Court against the accused was against all canons of law---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

RAFAAT SHAH vs State S — 2022 PCrLJN 39 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported