MUHAMMAD NASEER vs State Ss — 2021 MLD 509 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 509 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD NASEER vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

MUHAMMAD NASEER VS State Ss.302(b), 324 & 34---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Withholding material witnesses---Effect---Accused was charged that he and co-accused made firing upon complainant and his brother, who was hit and died whereas complainant escaped unhurt---Record showed that the place of occurrence was surrounded by fields but no farmer from the adjoining lands was made as witness---Witness was examined under S.161, Cr.P.C., but he did not turn up to record his statement during the trial as he was the witness who could say that the complainant had come in the company of the deceased and who could better explain as to who shifted the dead body of the deceased to his baithak---Said witness avoided to appear mainly for the reason that he was not ready to support false charge of the complainant and his non-production led to a negative inference against the prosecution---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstances.

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2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTANALLAH BAKHSH VS State Benefit of doubt---Principle---Conviction must be found on unimpeachable evidence and certainty of guilt---Any doubt a…
2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTANZAHID VS Mst. SADIA S.13---Constitution of Pakistan, Arts. 23 & 24---Right of property---Scope---Eviction application---Bona fide personal n…

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