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---Unnatural conduct of the witnesses---Accused were charged for committing murder of the complainant's brother and nephews and a labourer due to previous enmity---According to the medical report of the deceased, the dead bodies of the deceased were shifted to the hospital by traffic police---Conduct of eye-witnesses, who were relatives of the deceased and injured, instead of shifting the deceased and the injured to the hospital went to the complainant's house, which appeared to be highly unnatural---Had they been present on the spot at the time of the alleged occurrence, they must have taken the deceased and the injured to the hospital or police station, which admittedly was not done---For the sake of arguments even if it was presumed for a moment that personally they were unable to take the deceased and the injured to hospital or police station, then they could have at least deputed someone else for the purpose rather than going to the house of the complainant---Ordinarily, such conduct was not expected from said witnesses being relatives of the deceased---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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