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---Motive not proved---Accused were charged for committing murder of the brother, nephews and a labourer due to previous enmity---Motive of the occurrence, as stated by the complainant in his report, was that on account of a murder, they had enmity with the accused persons and due to that enmity they had left their vicinity and were residing in "Q" city---Whether said murder had been committed due to the previous enmity by the accused persons either on their own or with the help of others, was yet to be known---Complainant was not produced before the court as a witness---No strong piece of evidence was produced by the prosecution to establish the motive alleged by the complainant in his report---Motive is a double-edged weapon, which can cut either way---If it was the reason for the accused to murder the deceased, it equally was a ground for the complainant to falsely implicate him in the case---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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