Changaiz Khan vs State Ss — 2025 MLD 205 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 205 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Changaiz Khan vs State Ss
Subject matter: Criminal
Provisions referred to: S. 149

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

Changaiz Khan VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Common object of unlawful assembly not established---Accused were charged for committing murder of two sons of complainant and also causing firearm injuries to his two other sons---Record showed that the eye-witnesses had not assigned role of firing to two appellants---Said eye-witnesses only stated that the said appellants along with the other appellants came there and opened fire upon deceased as well as injured persons---No specific role was attributed to said appellants, but the trial Court convicted the appellants under S.149, P.P.C, which was otherwise not established by the prosecution---Criminal intention of an accused or pre-concert or pre-arrangement of several accused could not be proved through direct evidence and surrounding circumstances in the present case---Circumstances established that the prosecution had failed to prove its case against the appellants---Appeal against conviction was allowed accordingly.

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