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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---Weapon of offence recovered on the pointation of accused---Reliance---Scope---Accused were charged for committing murder of the brother of complainant by firing---Allegedly, on the disclosure of accused, the crime weapon SMG was recovered from his house lying in iron box---Prosecution had failed to prove the recovery of SMG independently---Prosecution had not recorded statement of any person from the locality whether the house belonged to accused---Witness had stated that the key of iron box was produced by an old lady, whilethe Investigating Officer stated that the key was handed over by a child---Even otherwise, it could not be believable that after committing murder one could keep SMG in iron box of his house---Recovery of the crime weapon, in circumstances, could only be a piece of supporting evidence---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.

Other judgments reported in 2022 YLR

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