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Citation Name: 2024 YLR 1973 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ghulam Hussain vs State Ss — 2024 YLR 1973 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 1973 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1973 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ghulam Hussain vs State Ss
Subject matter
Criminal

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 1973 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ghulam Hussain VS State Ss. 302(b), 324, 337-F(i) & 148---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mudihah, rioting armed with deadly weapon---Appreciation of evidence---Contradictions in the statements of witnesses---Accused were charged for committing murder of the brother of the complainant and causing firearm injuries to another person---Record showed that there were material contradictions amongst the statements of witnesses---Complainant stated that the assailants made firing for about 10/20 minutes, while the witness stated that the assailants made firing for 5 minutes---Furthermore, the eye-witness sated that at the time of the alleged incident, he was accompanying the deceased at the same shop purchasing household articles, whereas, rest of the witnesses negated such portion of statement of the eye-witness---Investigating Officer stated that on the pointation of the complainant the site map was prepared, whereas, the complainant showed his ignorance in that respect---Investigating Officer stated that his reader conducted all the process, whereas, the witnesses stated that the Investigating Officer had recorded the statements of the witnesses---Witnesses also made dis-improvements in their statements, just to involve the accused---Portion of dis-improvement in the statements could not be considered for conviction of any person---Complainant said that he went to Tehsil Office and wrote an application for lodging of FIR from a petition writer, which did not appeal to a prudent mind that he did not rescue his brother to shift him to hospital, but rushed to lodge FIR---Thus, it appeared that FIR was lodged after consultation, and after the incident he left the deceased and approached the police official for lodgment of FIR---Furthermore the medical certificate showed that the dead body was brought by Levies and not by the complainant and his alleged companion---Appeal against conviction was accordingly allowed.

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