KAURA KHAN vs State S — 2023 MLD 1260 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1260 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: KAURA KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

KAURA KHAN VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of their colleague with the use of bricks---Record revealed that the occurrence in the case had taken place inside the house of one Mr. "G" and there was no other house or shop situated adjacent to the house of occurrence---Eye witnesses produced by the prosecution were very closely related to deceased inasmuch as the complainant was a brother of the deceased while the other witness was the real cousin of deceased---Both the alleged eye-witnesses were also chance witnesses and they had claimed to have been attracted to the place of occurrence upon hue and cry of the deceased which did not appeal to a prudent mind---Instead of providing support to the ocular account the medical evidence produced by the prosecution had gone a long way in creating dents in the case of prosecution---Medical evidence belied the ocular account inasmuch as in the Medico Legal Certificate one sharp weapon injury had been found on dead body of deceased which had not been explained by the eye-witnesses---Admittedly, the occurrence in the case had taken place inside the house of one Mr. "G", but he had not been produced and examined before the Trial Court---Leaving real brother in injured and helpless condition and proceeding to Police Station for lodging of FIR was also unnatural and it created serious doubts in the prosecution story---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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