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MUHAMMAD TAHIR vs State Ss — 2023 YLR 976 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 YLR 976 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
YLR
Parties
MUHAMMAD TAHIR 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 TAHIR VS State Ss. 302(b), 147 & 149---Qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Co-accused were acquitted on the same set of evidence---Effect---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by inflicting knife blows---Though the complainant pointed out that said incident was prior to fatal incident in which the deceased lost his life but the statement of eye-witness narrated a different story as he mentioned that first incident (scuffle) took place days before from the day of fatal incident---Trial Court also did not believe the said witnesses and acquitted the co-accused on the same set of evidence and as no appeal against acquittal had been preferred by the complainant party against the acquitted co-accused, therefore the findings to that extent had attained finality, whereas the accused had been convicted on the basis of same set of evidence---Ocular account of the said witnesses was neither trustworthy nor confidence-inspiring, whereas the ocular account of two other witnesses was also not relevant as they had admitted that they had not seen the incident---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2023 YLR

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