MUHAMMAD ILYAS vs ISHFAQ alias MUNSHI Ss — 2022 YLR 1620 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1620 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ILYAS vs ISHFAQ alias MUNSHI 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

MUHAMMAD ILYAS VS ISHFAQ alias MUNSHI Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delay of about more than one month in sending the crime empties and blood stained earth for analysis---Scope--- Accused were charged for committing murder of the brother of complainant by firing---Crime empties and blood stained earth was received by expert for examination after more than one month---Prosecution had not explained as to where the said articles were kept in the police station---Prosecution had not recorded the statement of any official in order to prove whether the case property was in safe custody or not---Such delay destroyed the evidentiary value of positive report of expert---Circumstances established that there was no solid or concrete evidence against the accused connecting them with the commission of offence---Trial Court after proper appreciation of evidence had rightly acquitted the accused of the charge---Appeal was dismissed accordingly.

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