Circumstantial evidence

Citation Name : 2019 PCrLJ 337 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : MUHAMMAD ARIF
Side Opponent : State
Ss. 302, 324, 109 & 34---Anti Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, ABETMENT , common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Record revealed that accused was subjected to investigation, but Investigating Officer failed to recover crime weapon from his possession or on his pointation---Recovery of empties from the place of occurrence, thus, was not helpful to the case of prosecution---Clothes worn by the deceased and injured at the relevant time were taken into possession, but the fact remained that the same were washed and cleaned---Recovery of washed clothes diminished an important circumstantial piece of evidence.

Citation Name : 2019 PCrLJ 337 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : MUHAMMAD ARIF
Side Opponent : State
Ss. 302, 324, 109 & 34---Anti Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, ABETMENT , common intention, act of terrorism---Medical evidence---Scope---Medical evidence was only used for confirmation of ocular evidence regarding seat of injury, time of occurrence and weapon of offence used and did not constitute any corroboration about the identity of accused persons to prove their culpability.

Citation Name : 2019 MLD 1250 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : SHER MUHAMMAD alias SHERO
Side Opponent : State
S. 497---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, ABETMENT and common intention---Bail, grant of---Further inquiry---Scope---Although applicant was nominated in the FIR, but only his presence was shown at the relevant time and place and no role was ascribed to him by the complainant---Role of firing upon the deceased was ascribed to main accused and the role of directing the main accused was attributed to an unknown accused person---Applicant's role was that he took deceased towards the main accused, where he was murdered---Whether the murder was pre-planned and in order to practically accomplish such plan the deceased was taken to the place of occurrence or that the incident occurred at the spur of the moment without planning, was yet to be ascertained---Case of accused was that of further inquiry---Bail was granted, in circumstances.