ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL GHAFFAR 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

ABDUL GHAFFAR VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Mode and manner of the occurrence doubtful---Effect---Accused were charged for committing murder of the mother and sister of complainant by firing---In the present case, if the statements of the eye-witnesses were believed to be true for a moment, then the question arose as to why and how the accused spared them and did not even try to kill them when he could have easily killed them because they were empty-handed and at his mercy, coupled with the fact that they could depose against him as eye-witnesses being brother and son of the deceased---Mode and manner of the occurrence advanced by the prosecution witnesses was not appealable to a prudent mind---Another interesting feature of the case was that the accused had no motive to fire at the deceased---According to statements of the purported eye-witnesses, they were empty-handed and the accused pointed a pistol upon them and they were totally at the mercy of the accused but they were left alive and the accused selected to kill the sister and mother of the complainant---One of the deceased was the wife of the accused with whom he had no direct motive and so it might be inferred that the incident did not take place in the way and manner as it was alleged---Circumstances established that the prosecution had failed to prove the culpability of the accused through reliable, trustworthy and confidence-inspiring evidence--- Appeal against conviction was allowed, in circumstances.

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