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---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---Ocular account contradicted medical evidence---Scope---accused were charged for making firing upon the complainant party, due to which three persons died whereas there sustained firearm injuries---Record showed that eye-witnesses, somehow miraculously avoided injury during the alarming event---Moreover, this raised important questions, particularly when it was considered that the prosecution had found a staggering 57 empty cartridge cases from Kalashnikov, along with 130 from submachine guns, 10 from 09mm pistols and other from SMG and 303 Rifle---Given the sheer volume of gunfire, it seemed unlikely that anyone could escape without harm---Moreover, it appeared quite difficult for the prosecution witnesses to accurately identify the specific actions of each assailants amidst such chaos---accounts of said witnesses further seemed to have contradicted the findings of the Medico-Legal Certificates issued by Medical Officer, which revealed that the deceased and injured had received injuries mostly on their front side---Such discrepancy suggested that the events might not have unfolded as described by 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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