MUHAMMAD HUSSAIN vs MUHAMMAD BASHIR Ss — 2022 YLR 1992 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1992 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD HUSSAIN vs MUHAMMAD BASHIR 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 HUSSAIN VS MUHAMMAD BASHIR Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Motive was not proved---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Motive of the incident was the fight between deceased and accused, which took place about a year back---Parties were in inimical terms and cases were pending between them---Record showed that the complainant alleged the motive against the convict/accused and did not allege any motive towards the accused/ respondent---Neither the witnesses attributed the role of the firing to the accused/respondent nor stated a single word that either the accused/ respondent was armed with any deadly weapon---No motive, consultation and conspiracies of the accused had been attributed by the complainant as well as other prosecution witnesses---Circumstances established that the Trial Court had considered all the material present on record properly and arrived at the conclusion which was based on proper appreciation of the facts and law, thus did not need interference---Appeal against acquittal was dismissed accordingly.

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