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MASOOD AHMED vs State Ss — 2022 YLRN 63 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLRN 63 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Parties
MASOOD AHMED 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

MASOOD AHMED VS State Ss. 302(b), 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence--- Benefit of doubt--- Withholding material evidence---Effect---Prosecution case was that the accused and co-accused persons made firing on the complainant party, due to which, four persons sustained injuries and son of complainant succumbed to the injuries---Police Surgeon had stated that the injured was brought by relative and identified by other person---Statements of both the said persons were not recorded---Complainant and cousin of victim stated that the injured was shifted to the hospital by his father---Prosecution was responsible to record statements of witnesses who brought the injured to hospital---Non recording statements of said witnesses fell under Art. 129(g) of Qanun-e-Shahadat, 1984, as presumption could be drawn that had the said witness been examined in the court his evidence would have been unfavourable to the prosecution. Head NotesCase Description

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