Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM vs State S — 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Non-recovery of motorcycle of deceased---Accused was charged for committing murder of the brother of the complainant by firing---Site plan of the occurrence was prepared at the instigation of the complainant, wherein the dead body of the deceased was shown as lying on the roadside---For the sake of argument, if it was presumed that when the complainant and eye-witness and the deceased were going on a motorcycle on a metaled road, the accused made firing upon them, then it was possible that the dead body was lying in the middle of the road---Neither the motorcycle of the deceased was taken into possession by the police nor produced before the Trial Court---Similarly, the clothes of witnesses were also not besmeared with the blood of the deceased, which negated that the deceased was riding the motorcycle at the time and on the day of the incident---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly allowed.

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