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
Provisions referred to: S. 342---Q; S. 342; Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 342---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---Statement of the accused under S.342, Cr.P.C, not been recorded in accordance with its spirit---Accused were charged for committing murder of the nephew of complainant by firing---Record showed that relevant and very important incriminating pieces of evidence had not been put to the accused for explanation/reply---Perusal of the statement of the accused recorded under S.342, Cr.P.C. further revealed that all the incriminating pieces of evidence brought on record were not put to him when his statement was recorded under S.342, Cr.P.C., enabling him to explain and reply to the same, whereas the Trial Court used such piece of evidence for convicting the accused---If any piece of evidence was not put to the accused in his statement recorded under S.342, Cr.P.C, the same could not be used for his conviction---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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