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--- Medical evidence--- 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 to his liver while his other relatives were injured---Record showed that despite separating the heart of deceased, it was not sent to Forensic Science Laboratory in order to establish the cause of death of deceased, which created doubt in the case of prosecution and despite exhumation of dead body the actual cause of death of deceased was not ascertained, while the other pieces of body sent to Forensic Science Laboratory established the fact that no poison/ damages was found on the said pieces of body---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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