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MUHAMMAD IDREES vs State Ss — 2023 MLD 1972 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 MLD 1972 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
MLD
Parties
MUHAMMAD IDREES 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

MUHAMMAD IDREES VS State Ss. 302(b), 394, 397 & 34---Qatl-i-amd, person voluntarily causing hurt in committing or attempting to commit robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Benefit of doubt---Extra-judicial confession by accused---Accused was charged that he along with his co-accused snatched amount from the complainant and on resistance, accused made firing upon complainant due to which he sustained injuries---Meanwhile a property dealer came there, and accused made firing upon him, due to which he was hit and died---Record showed that the extra-judicial confession of the accused was recorded on 29.12.2019 in the presence of Police Officers---Police had claimed that the extra-judicial confession was voluntary, but on the other hand, there were major contradictions in the statements of two Police Officers---One of the said Police Officer stated that on 08.12.2019, the accused disclosed about the occurrence---On the other hand, other witness stated in his statement that on 29.12.2019, he arrested the accused and on the same date, the accused made a disclosure about the commission of the offence---After the alleged disclosure, the snatched amount, i.e. Rs.500,000/- and one helmet were recovered on pointation of the accused from his house---One witness stated that the alleged recovery was effected on the next date after the alleged disclosure, but on the other hand, other witness stated in his statement that the accused made a disclosure on 29.12.2019 and on the same date on his pointation the snatched amount and one helmet were recovered from his house---Said material contradictions created reasonable doubt in the prosecution case---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2023 MLD

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