Hayat vs State Ss — 2026 YLR 46 QUETTA-HIGH-COURT-BALOCHISTAN

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Hayat VS State Ss. 302(b), 337-a, 337-D, 337-F & 34---Qatl-i-amd, causing shajjah, jaifah, grievous harm, common intention---appreciation of evidence---Benefit of doubt---accused-applicant was charged that he along with his co-accused caused injuries to complainant, who later succumbed to his injuries---admittedly, the appellant was the real brother of the deceased and father of the absconding accused---according to the version of the prosecution, the absconding co-accused armed with sticks, hit the deceased on his head, who later on succumbed to his injuries---There was no evidence on record that the accused/appellant caused any injuries to the deceased or that he was armed with any deadly weapon---No evidence was on record to suggest any previous bitterness of a serious nature between the parties prior to the occurrence; therefore, in view of their close relationship with each other, merely living in the same house could not be viewed with suspicion that there was pre-concert or pre-arrangement between the appellant and the absconding co-accused for the commission of the offence---No evidence was on record to prove that any pre-consultation or pre-planning had taken place between two accused before the occurrence, nor the said element could be inferred from the surrounding facts of the case---Prosecution could not collect any positive evidence that could help in forming an opinion that the convict/appellant had shared a common intention with the absconding co-accused---No doubt that the prosecution could not succeed in connecting the appellant with the commission of the offence, that too, under S.34, P.P.C.---Circumstances established that the prosecution had miserably failed to establish the culpability of the appellant in the instant case through reliable, trustworthy, and confidence-inspiring---appeal against conviction was allowed accordingly.

Hayat vs State Ss — 2026 YLR 46 QUETTA-HIGH-COURT-BALOCHISTAN

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