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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---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Non recovery of crime empty from place of occurrence---Effect---Prosecution case was that the accused and co-accused persons made firing on the complainant party, due to which, four persons sustained injuries but son of complainant succumbed to the injuries---Record showed that the ocular witnesses unanimously stated that the firing continued for ten to fifteen minutes with automatic weapons---Site plan showed that the houses of accused party and complainant party were situated in same village near to each other---Witnesses were present at the venue when Investigating Officer visited, who prepared site plan, but not found single casing from the place of occurrence---Recovery of empty shell without crime weapon could not benefit prosecution, but non recovery of empties could suggest that the occurrence had not taken place in the manner as stated by witnesses---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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