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SANAULLAH vs State Ss — 2022 YLR 1319 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLR 1319 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
YLR
Parties
SANAULLAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

SANAULLAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the deceased by firing---Eye-witnesses produced by the prosecution were closely related to deceased---Presence of witnesses being injured at the place of occurrence could not be possibly doubted, however, whether they shared with the court the whole truth was another issue---All the prosecution witnesses had been arrayed as accused in cross FIR lodged by one of the acquitted co-accused in respect of the same incident---Witnesses had not uttered a single word regarding the injuries sustained by the opposite party while suppressing the facts---Statements of the alleged injured witnesses under S. 161, Cr.P.C., after a delay of about 18 days of the incident---Statement of one eye-witness was recorded on the day of incident and he had not assigned the role of firing to the accused---Statements of eye-witnesses had been disbelieved by the Trial Court qua the seven acquitted co-accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 YLR

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