SAQIB MUHAMMAD vs State Ss — 2023 YLR 2588 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 2588 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: SAQIB 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

SAQIB MUHAMMAD VS State Ss. 297, 320 & 427---Causing death by rash and negligent driving and causing damage to property---Appreciation of evidence---Necessary witness---Evidence non-recording of---Four persons lost their lives in an accident between a truck and a trailer---Accused was convicted for driving rash and negligently which resulted into death of four persons---Validity---Prosecution was duty bound to prove rash and negligent driving by leading independent and cogent evidence---Prosecution failed to record statements of cleaners of trailer and truck---Evidence of no eye-witness of the occurrence was recorded to prove rash and negligent driving---Trailer and truck were not examined by Motor Vehicle Examiner to ascertain their speed and brakes to fix liability on driver of trailer or truck---Merely saying that accident took place due to rash and negligent driving was not enough to substantiate allegations levelled against accused---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---Appeal was allowed in circumstances.

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