Citation Name: 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Niaz vs State Ss

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Citation Name: 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Niaz VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Free fight---Accused were charged that they assaulted the complainant party, due to which nephew of the complainant died whereas other sustained injuries---Accused party also recorded cross version against the complainant party---Meticulous recital of the evidence on record demonstrated that both the parties came across at the Gola Market with no premeditation, however, the unfortunate incident took place out of sudden rage at the spur of the movement where one person died and one received fire wound on his thigh, whereas the rest of injured received numerous injuries caused by knives and dandas---There could be no other view except that the occurrence was culmination of sudden free fight due to pursuit of hot words between the adversarial parties---Time and venue had not been disputed by the accused persons and eye-witnesses of both the cases, however, both the rivals claimed to have been attacked by the other---Undeniably, both the parties received injuries, some minimal and some severe which even culminated into the death of one person, but in the peculiar circumstances of the instant case, each had to be seen in his own role because the common object and vicarious liability in such a situation was hard to ascertain, rather even difficult to determine as to which party was aggressor and who was aggressed upon---Both the parties though had attributed the role of assault to the adversarial party, but had concealed and had tried to cover up their own role of inflicting injuries to the members of the rival party---Appeals against conviction were allowed accordingly.

Citation Name: 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Niaz vs State Ss — 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTAN

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