Abdul Qayum vs State S — 2025 YLR 984 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 984 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Abdul Qayum 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

Abdul Qayum VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sole eye-witness evidence of---Not reliable---Accused was charged for committing murder of the brother of complainant---Sole eye-witness testified that he was working with the deceased in his clinic---According to said witness, on 05.11.2021, while he was present in the clinic, at about 06:45 pm, he heard 3-4 fire shots, whereafter he saw the deceased lying on the floor; he saw a person with a pistol in his hand, who ran away, having a trimmed bear along with a child---During cross-examination, said witness admitted that he was cousin of the deceased---Defence denied presence of said witness on the crime scene---Eye-witness did not give the detailed description of the culprit---Admittedly, after the arrest of the appellant on 07.11.2021, he was not put to the test of identification parade, thus mere identification in the Court was unworthy of reliance---Circumstantial witness did not mention about his presence at the relevant time, therefore, his presence became doubtful---Appeal against conviction was allowed, in circumstances.

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