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Master MUHAMMAD NASEEM vs State S — 2022 YLR 469 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLR 469 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
YLR
Parties
Master MUHAMMAD NASEEM vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 342

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

Master MUHAMMAD NASEEM VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd---Appreciation of evidence---Benefit of doubt--- Accused was charged for committing murder of father of complainant by firing---In the present case, both the complainant and widow of deceased in specific terms stated in their statements that on hearing the firing shots, when they came out from their house, they had seen the accused holding pistol in his hand---Admittedly both the said witnesses were also on the target of accused, but he let them free and escaped from the place of occurrence---Said fact did not appeal to the logic that by killing a person in presence of his blood relations, the accused being armed with sophisticated weapon would not attempt to cause any injury/kill the prosecution witnesses leaving them for evidence to be hanged---Ocular testimony of the related/interested prosecution witnesses and false implication of the accused by the witnesses could not be ruled out of consideration as the accused while recording his statement under S.342, Cr.P.C., had taken specific plea of his false implication by witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 YLR

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