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ALI HAIDER vs State Ss — 2023 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
MLD
Parties
ALI HAIDER vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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

ALI HAIDER VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of empties and crime weapon---Reliance---accused were charged for committing murder of the deceased by firing---Record showed that empties and crime weapons were recovered at the pointing out of the accused persons but the empties and crime weapon were not sent to the Forensic Science Laboratory separately---Recovery memos of blood stained earth, crime empties, motorcycle, last worn garments of deceased, mobile phone of accused and the evidence of the Medical Officer did not establish the guilt of the accused persons---Recovery of crime weapon at the instance of the accused was of no use as the same was recovered from a flood water channel and not from a place in the exclusive possession of the said accused, hence was not relevant---Moreover, the recovery was effected after two months and twenty two days of the disclosure and lodging of FIR which created doubt about the said recovery---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---appeal against conviction was allowed accordingly.

Other judgments reported in 2023 MLD

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