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---Postmortem examination report contradicting time of occurrence alleged in the FIR---Effect---Accused were charged for committing murder of the mother and sister of complainant by firing---Record showed that the occurrence took place at 2:30 a.m. on 10.10.2019---Postmortem of the deceased was conducted at 5:20 a.m. on 10.10.2019 i.e. before registration of FIR---According to Medical Officer the time between death and postmortem examination was 12 to 13 hours---In view of the said evidence produced by the prosecution, the alleged occurrence had not taken place as alleged by the prosecution, i.e. on 10.10.2019 at 2:30 a.m. rather, the alleged occurrence took place 12 to 13 hours before the time alleged by the prosecution---Said aspect of the case also created reasonable doubt in the prosecution case---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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