Muhammad Rafique vs State Ss — 2025 YLR 169 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 169 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Rafique 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

Muhammad Rafique VS State Ss. 302(b), 460, 147, 148 & 149---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Co-accused acquitted on same set of evidence---Effect---Accused were charged for committing murder of the nephew of complainant by firing---Record showed that two accused person were acquitted from the charge by extending the benefit of doubt---Record showed that earlier the roles attributed to the acquitted two co-accused and the present accused were the same as they were present at the place of occurrence empty-handed and did not cause any injury to the deceased---Evidence produced by the prosecution against acquitted two co-accused was disbelieved by the High Court---If a set of evidence is disbelieved to the extent of some accused, the same set of evidence can not be believed to the extent of the remaining accused facing the same trial---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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