Citation Name: 2024 MLD 1756 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Hazoor Bakhsh vs State Ss — 2024 MLD 1756 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1756 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1756 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Hazoor Bakhsh vs State Ss
Subject matter: Criminal
Provisions referred to: S. 367---Q; Criminal Procedure Code (V of 1898)

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

Citation Name: 2024 MLD 1756 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Hazoor Bakhsh VS State Ss. 322 & 337-a(i)---Criminal Procedure Code (V of 1898), S. 367---Qatl-bis-sabab, shajjah-i-khafifah---appreciation of evidence---Contents of judgment---Conviction awarded beyond the charge---accused was charged that he along with his co-accused hit the cousin of complainant with a motorcycle, due to which he died at the spot---accused was charged under Ss.322, 147, 149, P.P.C., but while drawing the judgment impugned, the accused was convicted under Ss.322, 337-a (i) & 337-F (i), P.P.C., which demonstrated that the Trial Court had travelled beyond the charge---In the present case, the accused or co-accused were neither driving the motorcycled which collided with the deceased, causing his death nor inflicted injuries to injured witness, therefore, the accused in no way could be held guilty of doing an unlawful act, culminating into death of deceased and causing injuries to injured witness---Circumstances established that the prosecution had miserably failed to prove the charge beyond shadow of doubt---appeal against conviction was accordingly allowed.

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