Citation Name: 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BABAR ALI vs MUHAMMAD IQBAL Ss — 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BABAR ALI vs MUHAMMAD IQBAL Ss
Subject matter: Criminal
Provisions referred to: S. 417; 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 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BABAR ALI VS MUHAMMAD IQBAL Ss. 324, 427 & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Investigation started prior to lodgment of FIR---Material irregularity---Accused were charged for firing upon complainant party, due to which brother and cousin of the complainant got injured---In the present case, the Investigating Officer started investigation of the case prior to lodgment of FIR---On 14th October, 2022, the Investigating Officer reached at the place of incident and took into possession the crime empty shells, live cartridges and magazine and handed over the same to the in-charge Malkhana for safe custody---Investigating Officer started investigation even before registration of FIR which was registered on 16th October, 2022---Admittedly, investigation followed FIR---In the present case, the FIR had followed the investigation, which was a material illegality committed by the Police Authority---Circumstances established that the prosecution failed to prove its case against the accused beyond reasonable shadow of doubt---Appeal against acquittal was accordingly dismissed.

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