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---Accused were charged for committing murder of the brother of complainant by firing---In the present case, the ocular witnesses stated that the accused/respondents fired upon the deceased, but could not harm the witnesses---Question was as to why the accused/respondents spared the witnesses and only targeted the deceased though witnesses were not armed---Witnesses stated that firing was made from 2/3 feet---In such situations, it did not appeal to logic that killing a person in presence of brother and mother the accused would not attempt to cause any injury/killed the prosecution witnesses leaving them for evidence to be hanged---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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