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Citation Name: 2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHAN MUHAMMAD vs State S — 2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHAN MUHAMMAD 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 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHAN MUHAMMAD VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Scope---Accused was charged for committing murder of the deceased by firing---Record showed that complainant and eye-witness stated that three accused persons came on a motorcycle and made firing upon the deceased---Recovery witness stated during cross-examination that the bloodstained earth of the deceased was 4/5 steps away from the place of recovery of bullet empties---Allegedly, firing was made upon the deceased from a distance of 4/5 steps---According to the prosecution witnesses, the deceased, complainant and eye-witness were going towards their house together---Record showed that three bullet empties of a T.T pistol were also taken into possession from the place of occurrence by the Investigating Officer---Under such circumstances, which were narrated by eye-witnesses the effect that three accused persons come on a motorcycle and made firing upon the deceased that too from a close range of 4/5 steps, there was no chance of the eye-witnesses escaping 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 witnesses escaped unhurt---Circumstances established that the prosecution had failed to establish the culpability of the accused through reliable, trustworthy, and confidence-inspiring evidence---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 YLR

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