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---Ocular and medical evidence---Contradictions---Scope---Accused were charged for committing murder of the brother of complainant by firing---Motive alleged for the incident was a matrimonial dispute between the parties---Record showed that the statements of the ocular witnesses were not in line with each other rather contradicted on material point--- Such material contradictions, improvements, omission and discrepancies could not be overlooked--- Medical evidence contradicted ocular account---Ocular witnesses stated that 2 or 3 bullets hit the deceased, while the Medico-Legal Certificate disclosed that only one bullet hit the deceased---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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