Citation Name: 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mir Agha vs State Ss

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Citation Name: 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mir Agha VS State Ss. 302(b), 387, 404 & 34---Qatl-i-amd, putting person in fear of death or of grievous hurt in order to commit extortion, dishonest misappropriation of property possessed by deceased person at the time of his death, common intention---Appreciation of evidence---Ocular account and medical evidence---Contradictions---Accused were charged for committing murder of the deceased by strangulation for looting purpose---Complainant of the case reiterated the contents of his fard-e-bayan---If the statement of complainant was presumed to be true, then it would contradict the medical evidence---Medical Officer, who conducted the post mortem of deceased, opined in his cross-examination that duration between death and post-mortem of deceased was about 12-hours, then under such circumstances question arose that if on fateful day, on knocking the door by the complainant, no response was received and on the following day, again no response was received, it meant that the victim was already dead, so how the duration between the death and post-mortem was about 12-hours---Statement of complainant revealed that the mouth of deceased was bleeding, but Medical Officer negated such fact by stating that the eyes and mouth of deceased were closed and no discharge from nose and mouth was observed---Admittedly, the medical evidence was not in consonance with the ocular testimony---Complainant in his examination in chief stated that the doors and windows of the office were broken, but to the contrary the statement of said witness contained in his fard-e-bayan as well as his Court statement were silent in such behalf---Circumstances established that the prosecution had failed to establish the charge against the accused persons beyond the shadow of reasonable doubts ---Appeal against conviction was allowed, in circumstances.

Citation Name: 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mir Agha vs State Ss — 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTAN

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