DAD MUHAMMAD vs State Ss — 2023 YLR 1595 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1595 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: DAD MUHAMMAD 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

DAD MUHAMMAD VS State Ss. 302(b), 324, 147 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Effect---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---Record showed that the place of occurrence was a thickly populated area and was surrounded by shops---According to the site plan of the place of occurrence as prepared by Investigating Officer of the case there were shops, near the place of occurrence---None of those who had shops near the place of occurrence joined the investigation and appeared before the court to support the prosecution's case---Prosecution was duty-bound to produce the witnesses who were residents of the place of occurrence---Article 129(g) of Qanun-e-Shahadat Order, 1984, provided that if any evidence available with the parties was not produced, then it would be presumed that had that evidence been produced, the same would have gone against the party producing the same---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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