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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD TAHIR VS State Ss. 302(b), 147 & 149---Qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Presence of complainant at the spot was doubtful---Scope---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by inflicting knife blows---Complainant said that quarrel had taken place and regarding that quarrel, meeting at Masjid took place to settle the issue, whereas the eye-witness during cross-examination admitted that he had no knowledge that how many days after the quarrel took place whereas the said eye-witness asserted that in fact accused party attacked upon deceased in front of his house with sticks and daggers---No specific role was given to any of the said accused with regard to fatal blow upon deceased by the said witness though, stated, that he was also injured during the fight but there was no medical certificate to support his contention---Other eye-witness said in fact he took the deceased along with one neighbor to hospital but the very perusal of medical legal certificate of deceased contradicted that fact as according to the Medico Legal Certificate of deceased, he was brought by SHO---Perusal of the depositions of said witnesses visualized the fact that complainant was not present at the place of incident as he admitted that he was in Masjid which was at the distance of five minute's walk and he had not seen the incident by himself, whereas in the ocular account of eye-witness it was found that he was sitting at home when alleged incident took place---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.

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

Case information

Judgment text as reported

Other judgments reported in 2023 YLR