ABDUL MAJEED alias JAWA vs State Ss — 2022 YLR 1938 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1938 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: ABDUL MAJEED alias JAWA 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

ABDUL MAJEED alias JAWA VS State Ss. 302(b), 324, 337-a(ii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-mudihah, common intention---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused assaulted on the complainant party, due to which brother of complainant died while his nephew and cousin received bullet and butt injuries---Ocular account of the incident had been furnished by complainant and injured witnesses---Record showed that the statements of the witnesses were contradictory---Eye-witnesses narrated that they went to hospital from the place of occurrence in a private vehicle, however, Police Constable/witness and Investigating Officer stated that they met the complainant first time at the spot, whereas Medical Officer stated that the deceased and injured were brought by Police Constable/witness---Complainant stated that he took the dead body from hospital to his house---While Police Constable/witness and Investigating Officerstated that the complainant was accompanied with them from hospital to the spot,prepared visual site plan on his pointation---Such contradictions and discrepancies created doubt in the prosecution case---If the statement of witness was found doubtful no conviction could be based on such statement unless there was independent corroboration of the same---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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