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---Recovery of weapon of offence on the instance of accused---Scope---Reliance---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by inflicting knife blows---According to the prosecution case the crime weapon i.e. knife was taken into possession and the parcel containing knife was produced in court---Recovery witness appeared and got exhibited the said knife and stated that it was handed over to him by the complainant and the said knife was blood-stained and according to him, complainant told him that in fact his brother was wounded by that knife---Neither the knife was sent for Forensic Analysis for grouping to ascertain whether the blood it contained was of deceased nor the grouping of blood obtained from the place of incident was done to evaluate whether it belonged to deceased or to other persons---Despite that available evidence to determine the real facts, same was ignored so only negative inferences could be drawn in that context---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.

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