MUHAMMAD BILAL vs State Ss — 2023 YLR 2051 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 2051 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD BILAL 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

MUHAMMAD BILAL VS State Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, shajjah-e-madihah, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the place of occurrence doubtful---Prosecution case was that the accused persons equipped with knives attacked upon complainant party, due to which one died and another sustained injuries---Eye-witnesses were closely related to deceased---However, the presence of said witnesses at the place of occurrence was doubtful---Version of the prosecution witnesses was that they went to place of occurrence with deceased and eye-witness on a vehicle but the number, color and model of the vehicle had not been told, nor the said vehicle had been produced during investigations or trial of the case---Even presence of said vehicle had not been shown in the site plan of place of occurrence---If the said eye-witnesses were present at the time of occurrence and shifted deceased to hospital in the vehicle, then, their clothes must have been smeared with blood, but none of them produced any such clothes, when specifically, a question was put to the said witnesses that during shifting the deceased, if their clothes were bloodstained, and the answer was in positive---Furthermore, the eye-witnesses were not residents of the area where the incident occurred---Perusal of medical certificate of deceased revealed that the dead body was brought by SI, which further confirmed that if the dead body was brought to hospital by them, why the name of none of them was mentioned in Medico-Legal Certificates---Appeal against conviction was allowed, in circumstances.

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