Citation Name: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Siraj vs State Ss — 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Siraj 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

Citation Name: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Siraj VS State Ss. 302(b), 324, 34, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Contradictions in the statements of witnesses---Accused were charged for making firing upon the sons of complainant, due to which one son of complainant died whereas two sustained fire arm injuries---Complainant was not eye-witness of the alleged incident---Complainant during his cross-examination in reply to a question denying that he was not the eye-witness of the incident, voluntarily stated that accused also beat him with lathis---Injured witness negated complaint's presence at the time and place of the incident---Injured witness at conclusion of his examination in chief stated that, after making firing and causing injuries to them, the accused boarded on two vehicles and bolted away from the venue---Thereafter, complainant and other neighbours came at the venue---Such portion of examination in chief of injured witness excluded the presence of the complainant at the venue---Complainant, therefore, falsely deposed that he was present at the venue and was subjected to physical violence by the accused---Hence, the deposition of the complainant was not trust worthy to be relied upon for burdening the accused persons with liability of alleged accusation on account of common intention or common object---Circumstances established that the prosecution had failed to substantiate accusation against the accused persons without shadow of reasonable doubt---Appeal against conviction was accordingly allowed.

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