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---Ocular account in conflict with the medical evidence---Accused was charged for committing murder of the brother of the complainant by firing---Eye-witnesses stated in their statements that the accused made indiscriminate firing upon the deceased who received bullet injuries---However, according to the medical certificate, the deceased received only one firearm injury---Both the eyewitnesses also failed to mention that the deceased had also received a lacerated wound on the left backside of the head, two lacerated wounds on the back of the upper head area, which injuries were mentioned by Medical Officer in the medical certificate---Moreover, there was no explanation of the presence of injuries observed by Medical Officer on the dead body of the deceased in the statement of both the witnesses---Contradiction in the ocular account of the occurrence as narrated by eye-witnesses and the medical evidence furnished by Medical Officer clearly established that the prosecution had failed to prove the charge against the accused---Appeal against conviction was accordingly allowed.

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