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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---Accused was charged for committing murder of the brother of the complainant by firing---Record showed that the complainant during his statement before the Court stated that they were riding on the motorcycle and were coming towards place "B", and there the accused and absconding accused and one unknown accused person were standing who made firing upon the deceased---Complainant stated during cross-examination that the deceased was riding the motorcycle and that he and other witness were sitting on the rear seat of the motorcycle---Complainant further stated during cross-examination that the accused and absconding accused made firing upon them from a distance of 2/3 steps---However, neither any bullet hit the motorcycle neither did he nor other witness received any injury at the time of firing---Complainant further stated during cross-examination that the accused made 5/6 fires and absconding accused made 2/3 fires---Investigation Officer took seven bullet empties of T.T pistol into possession in the presence of a witness Head Constable/witness---Under such circumstances, after indiscriminate firing, there was no chance of the witnesses to escape unhurt, and also, there was every possibility that the deceased received multiple bullet injuries, but the picture was quite different from the presumption and expectation as suggested by the circumstances when the deceased had only received one bullet injury on his person while the other witnesses escaped unhurt---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.

Other judgments reported in 2024 PCRLJ

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