ABDUL QADEEM SHAH vs ABDUL WADOOD Ss — 2023 PCrLJ 143 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 143 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL QADEEM SHAH vs ABDUL WADOOD 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

ABDUL QADEEM SHAH VS ABDUL WADOOD Ss. 302 & 34---Qatl-i-amd and common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Last seen evidence---Chance witness---Scope---Complainant assailed the acquittal of accused by the trial court in a case involving unwitnessed murder of his brother---Prosecution case rested on circumstantial evidence consisting upon last seen evidence, report of Forensic Laboratory and medical evidence---Complainant had nominated the accused through subsequent application but had failed to describe the source of information in respect of involvement of accused in the commission of offence---Prosecution witness, claiming to have seen the deceased accompanying with accused, was a chance witness---Prosecution had not conclusively proved that the deceased was killed shortly after the alleged last seen---Conviction could not be recorded on the strength of last seen evidence in a case of circumstantial evidence---Complainant had failed to point out any illegality and irregularity in the impugned judgment---Appeal against acquittal was dismissed, in circumstances.

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