JALAL UD DIN vs State Ss — 2022 YLRN 68 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JALAL UD DIN VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged that he and co-accused committed murder of brother of the complainant by firing---Ocular account of the incident had been furnished by three witnesses including complainant and two eye-witnesses---Eye-witness had stated that three persons on motorcycle came in front of the vehicle---Accused opened back door of the vehicle and fired upon the deceased---Levies Constable/witness stated that on site inspection they found that one bullet hit on wind screen of the vehicle, while the side window of mirror was also found broken---If the statements of both the witnesses were taken in juxta position, their statements belied each other; said eye-witness alleged that deceased was sitting on back seat and accused opened back door of vehicle and fired then question arose as to how the shot hit the wind screen and side mirror---Eye-witness was relative but he did not make any effort to rescue the deceased---Even the accused did not cause any harm to the witnesses---Eye-witness stated that when firing was made upon deceased he and other eye-witness were accompanying him---On information the brother of the deceased came there, took the dead body to the hospital---Investigating Officer stated that when they reached at the place of occurrence no one was present there---Medical Officer deposed that the deceased was brought by Tehsildar, while a constable/witness stated that on 5th July 2018 he secured three empties of 9-mm pistol---Fard-e-biyan was submitted by the complainant on 27th June, 2018, meaning thereby that memo of casing was prepared after seven days---Said contradictions, discrepancies and omissions casted serious doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

JALAL UD DIN vs State Ss — 2022 YLRN 68 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported