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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---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of bullets from the place of occurrence---Reliance---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---Record showed that six bullet empties were recovered from the place of occurrence---However, the role of firing had been attributed to all the accused---According to the so-called eye-witnesses, all the accused persons were armed with Kalashnikovs and made firing upon the deceased persons and the injured---Empties recovered from the place of occurrence were not sent to Forensic Science Laboratory to establish whether the firing was made with one firearm or with different weapons, therefore, the same could not be relied upon for the purpose of conviction---More so, said piece of evidence was a corroborative one and in a case where direct evidence failed, a corroborative piece of evidence was of no avail, as in the instant case direct evidence of witnesses had already been disbelieved---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.

Other judgments reported in 2023 YLR

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