Khuda Bakhsh vs State Ss — 2025 YLR 2521 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 2521 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Khuda Bakhsh 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

Khuda Bakhsh VS State Ss. 302(b), 324, 337-a, 337-D, 337-F, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah, jaifah, causing hurt, rioting, rioting armed with deadly weapons, unlawful assembly---appreciation of evidence---Benefit of doubt---Withholding material witnesses---adverse presumption---accused were charged for making firing upon the complainant party, due to which three persons died whereas there sustained firearm injuries---according to the statements of four eye-witnesses, two other witnesses were also accompanying them at the relevant time and the names of such witnesses also appeared in the challan, but the evidence of said witnesses were withheld by the prosecution without any plausible reasons, therefore, a presumption under art. 129(g) of Qanun-e-Shahadat, 1984, could fairly be drawn that had the said witnesses been examined in the Court their evidence would have been unfavourable to the prosecution---Circumstances established that the prosecution had failed to establish its case against the appellants beyond any shadow of doubt---appeal against conviction was allowed, accordingly.

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