SAMIULLAH vs State Ss — 2022 YLR 1439 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1439 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: SAMIULLAH 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

SAMIULLAH VS State Ss. 302, 337-a(i), 337-F(i), 147, 149 & 34---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, rioting, unlawful assembly, common intention---appreciation of evidence---Benefit of doubt---Non recovery of weapon of offence---Scope---Prosecution case was that the accused party while armed with daggers assaulted on complainant party, due to which the father of the complainant died due to dagger injury on his liver while his other relatives were injured---Record showed that the accused persons attacked upon the complainant party with sticks, daggers, bricks and hand clip, but the Investigating agency had neither taken into possession the bricks from the place of occurrence nor got effected the recoveries of sticks, daggers and hand clip, which was another dent to the case of prosecution---Circumstances established that the prosecution had failed to prove the charge against all the accused---appeal against conviction was allowed, in circumstances.

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