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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---Recovery of weapon of offence---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Record showed that recovery of crime empties and matching of the same with the crime weapon which was recovered on the pointation of the accused/convict---Accused/respondent was not responsible for the murder of deceased---Neither accused/respondent had made firing upon the deceased nor any recovery whatsoever had been effected from his possession---Prosecution had failed to establish through incriminatory evidence with regard to common intention or common object of the accused/respondent to commit the murder of the deceased---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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