MUHAMMAD AZEEM vs State Ss — 2023 PCrLJ 1578 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1578 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD AZEEM 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 AZEEM VS State Ss. 302(b), 324, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Withholding key witness---Presumption---Accused were charged for making firing upon the complainant party, due to which, the brother and mother of the complainant died while complainant and his brother were grievously hurt---List of witnesses attached with challan mentioned the name of the brother of complainant and deceased---However, the said eye-witness was not produced by the prosecution without any reasonable cause---Thus presumption was that evidence which could be and was not produced would, if produced, be unfavourable to the person who withheld it---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

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