BASHIR AHMED vs State S — 2025 YLR 1042 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1042 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: BASHIR AHMED 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

BASHIR AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---No justification for the presence of eye-witness at the scene of occurrence---Chance witness---Accused was charged for committing murder of the son of complainant by throwing him from a mountain---Case of prosecution hinged upon the evidence of sole eye-witness of the alleged occurrence---According to his version, on 10.03.2022, he was present on the roof of his house and watering the roof-top when he saw two persons scuffling with each other; that one of them pushed the other from the mountain, who fell to the base of the mountain and became unconscious in injured condition, and the appellant was talking on the mobile phone---Said witness mentioned the name of appellant as the accused and stated that due to domestic issues, they were fighting---Said witness allegedly procured a vehicle and then the injured was sent to the hospital---Said witness had not given any plausible reason for his presence at the place and time of occurrence, and thus he was a chance witness---Investigation Officer prepared the site plan of the place of occurrence, and the house of the said witness did not figure in the site plan---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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