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---Medical evidence and ocular account--- Contradictions---Prosecution case was that the accused persons equipped with knives attacked upon complainant party, due to which one died and another sustained injuries---Record showed that the medical evidence belied the ocular account furnished by the alleged eye-witnesses---Medical Officer stated that the deceased expired approximately three hours before arrival, but contrary to it, all the witnesses deposed that they reached the hospital in 20/25 minutes, after the alleged occurrence, which negated the prosecution version and the presence of eye-witnesses at the place of occurrence---Presence of injured eye-witness of the case, could not be possibly doubted at the place of occurrence, however question was, whether he shared with the Court, the whole truth---Not necessary that the injured witness had spoken the whole truth and it could not be relied upon unless corroborated---Said witness deposed that he also received sharp injury on his left part of the body while the Medical Officer produced his medical certificate showing incised wound of about ½ centimeter on right part of his body---Said fact created doubt in the prosecution case---Appeal against conviction was allowed, in circumstances.

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