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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---Recovery of weapon of offence on the pointation of accused---Inconsequential---Accused was charged for committing murder of the brother of the complainant by firing--- Record showed that T.T pistol was recovered on pointation of the accused---Allegedly, the occurrence took place on 10.12.2020 and the accused was arrested on 11.12.2020---Head Constable/witness alleged that on 19.12.2020 the accused made the disclosure during the investigation that he could recover the crime weapon---On the said disclosure, the accused was taken to his house and there he recovered one T.T pistol lying in a box inside a residential room, and the same was taken into possession in the presence of witnesses---Investigation Officer stated in his statement that on 19.12.2020, the alleged pistol was recovered from the house of the accused on his pointation---All the witnesses did not state a single word about where the said house of the accused was situated---Even otherwise, the pistol was not recovered from the physical possession of the accused and the same was recovered allegedly from a house where the women folk and children were also residing---However, it had not come on record that factually the said house belonged to the accused---Said aspect of the matter caused reasonable doubt in the prosecution case---Even otherwise, no private witness was associated at the time of alleged recovery---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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